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of <h1>Tribunal rules in favor of assessee on tax deduction issue and depreciation rate dispute.</h1> <h3>M/s. LDS Engineers Pvt. Ltd. Versus ITO, Ward 4 (3), New Delhi</h3> M/s. LDS Engineers Pvt. Ltd. Versus ITO, Ward 4 (3), New Delhi - [2014] 35 ITR (Trib) 262 (ITAT [Del]) Issues:1. Disallowance under section 40(a)(ia) of the Income-tax Act, 1961 for non-deduction of tax at source on payment to M/s LDS Engineers.2. Dispute regarding the rate of depreciation on Earth moving machine.Analysis:1. Disallowance under section 40(a)(ia): The dispute arose from the disallowance of Rs. 6,72,000 made by the Assessing Officer under section 40(a)(ia) for non-deduction of tax at source on payment to M/s LDS Engineers. The Assessing Officer held that tax should have been deducted on the payment made for hiring machinery for excavation. However, the tribunal observed that the Assessing Officer failed to correctly identify the nature of the transaction, as the payment was for hiring machinery on a fixed monthly rental, not excavation charges. The tribunal emphasized that for invoking section 40(a)(ia), the Assessing Officer must first establish a violation of specific sections requiring tax deduction at the source, such as section 194C. As the Assessing Officer did not refer to any specific section mandating tax deduction on the payment to LDS Engineers, the disallowance under section 40(a)(ia) was deemed unjustified. The tribunal also highlighted a precedent where a similar payment for machinery lease did not constitute a works contract under section 194C, supporting the decision to overturn the disallowance.2. Rate of Depreciation Dispute: The second issue pertained to the rate of depreciation on Earth moving machine claimed by the assessee at 30%, which was challenged by the Assessing Officer who allowed only 15% depreciation. The tribunal noted that the assessee was engaged in the business of hiring dumpers for construction companies, justifying the higher rate of depreciation claimed. It was established that when a vehicle is used on a hire basis, the normal rate of depreciation should be replaced with a higher rate. The tribunal upheld the decision of the CIT(A) to allow depreciation at 30% on the Earth moving machine, dismissing the Revenue's appeal.In conclusion, the tribunal allowed the assessee's appeal regarding the disallowance under section 40(a)(ia) and upheld the depreciation rate of 30% on the Earth moving machine, resulting in the dismissal of the Revenue's appeal.
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