TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Tax Appeal Outcome: TDS Credit Adjusted, Household Expense Addition Reduced, and Personal Use Disallowances Moderated.</h1> <h3>PARDEEP KUMAR DHIR Versus ASSISTANT COMMISSIONER OF INCOME-TAX, C.C. -IV, LUDHIANA.</h3> PARDEEP KUMAR DHIR Versus ASSISTANT COMMISSIONER OF INCOME-TAX, C.C. -IV, LUDHIANA. - ITD 107, 118, TTJ 109, 445, [2008] 303 ITR (A. T.) 45 (ITAT [Chand]) Issues Involved:1. Credit of TDS2. Addition on account of low household withdrawals3. Disallowance of electricity, telephone, and motor car expensesDetailed Analysis:1. Credit of TDS:The primary issue concerns the credit of Tax Deducted at Source (TDS). The assessee, maintaining accounts on a cash basis, claimed credit for TDS deducted by various parties amounting to Rs. 15,030. However, the Assessing Officer (AO) allowed only Rs. 4,279 on a pro rata basis, adhering to Section 199(1) of the Income-tax Act, which stipulates that credit for TDS should be given for the amount assessable in the relevant year. The CIT(A) upheld the AO's decision, noting that the corresponding income for which TDS credit was claimed was not shown as income in the relevant year. The assessee argued that the full TDS credit should be allowed based on the certificates furnished, irrespective of the income being reported on a cash basis. The ITAT, after considering the provisions of Section 199 and Section 219, concluded that TDS credit should be given in the year the income is assessable, not on a pro rata basis. The dissenting opinion, however, held that credit should be allowed only to the extent of income declared, with the balance credit allowable in subsequent years when the income is assessed.2. Addition on Account of Low Household Withdrawals:The AO added Rs. 47,000 to the assessee's income, estimating household expenses at Rs. 8,000 per month, which was higher than the Rs. 49,000 claimed by the assessee for the entire year. The CIT(A) upheld this addition. The ITAT, upon review, found the AO's estimate to be on the higher side due to lack of concrete basis and reduced the estimated household expenses to Rs. 6,000 per month, thereby sustaining an addition of Rs. 23,000 and granting relief of Rs. 24,000 to the assessee.3. Disallowance of Electricity, Telephone, and Motor Car Expenses:The AO disallowed a portion of electricity, telephone, and motor car expenses, assuming personal use. The CIT(A) confirmed these disallowances. The ITAT noted that while personal use could not be ruled out, the disallowances made were excessive and without a clear basis. The ITAT directed the AO to disallow 1/6th of the expenses, considering it a fair estimate for personal use by the assessee and his family.Conclusion:The appeal was partly allowed. The ITAT directed full credit for TDS based on certificates, reduced the addition for household expenses, and moderated the disallowances for electricity, telephone, and motor car expenses. The dissenting opinion on TDS credit emphasized adherence to Section 199, allowing credit only for the income declared in the relevant year. The matter was referred to the President under Section 255(4) due to differing opinions, and the Third Member concurred with the view that TDS credit should be allowed on a pro rata basis, aligning with the income declared.
TaxTMI 