2023 (3) TMI 44

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....t of non payment of TDS on Works Contract U/s. 40(a)(ia) of the Income Tax Act of Rs.15,21,133/-. 2. The appellant craves right to add, alter, delete, modify or amend any change or all the above grounds of appeal before or during the course of hearing." 2. In this appeal, the assessee is aggrieved with disallowing of expenses on account of non-payment of TDS on works contract u/s. 40(a)(ia) of the Act for Rs.15,21,133/-. The relevant facts are that the assessee company is a manufacturer of machine tools. The assessee filed its return of income for the year under consideration on 29.09.2012 declaring its total income at Rs.1,50,03,790/-. The Ld. AO in the assessment order passed u/s. 143(3) of the Act made the following disallowa....

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....(A) that according to the MVAT Rules, it was not required to make the TDS on the payment made outside the State of Maharashtra. The Ld. CIT(A) thereafter has asked the assessee to submit relevant rule/circular in support of its arguments which override the express TDS provisions of the Income Tax Act in this regard. However, the assessee has not been able to furnish any legal provisions/circular in support of its arguments and accordingly, the disallowance made by the Ld. AO was confirmed by the Ld. CIT(A) of Rs.15,21,133/- u/s. 40(a)(ia) of the Act. 5. Before this Bench also, the Ld. Counsel for the assessee was unable to justify why the assessee should be absolve of the liability of deducting TDS as mandated by the Act simply because, ....