2023 (3) TMI 1195

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....y stated to be engaged in the business of Jewellery dealership and retailing the products. Assessee electronically filed its return of income for A.Y. 2017-18 on 21.06.2017 declaring total income of Rs.95,27,960/- which was later revised on 22.08.2017 with no change in the total taxable income. The case of the assessee was selected for scrutiny and thereafter, assessment was framed u/s 143(3) vide order dated 21.11.2019 and the total income was determined at Rs.1,05,49,060/-. 4. Aggrieved by the order of AO, assessee carried the matter before CIT(A) who vide order dated 19.05.2021 in Appeal No.CIT(A), Delhi-5/10170/2019-20 dismissed the appeal of the assessee. Aggrieved by the order of CIT(A), assessee is now in appeal and has raised the....

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....n u/s 192B of the Act, the TDS is required to be deducted on payment basis. It was submitted that the assessee had deducted TDS on the remuneration of Rs.30,00,000/- paid during the year and the balance remuneration amounting to Rs.34,03,670/- was the provision for salary which was based on the board resolution passed by the company on 01.11.2011 and was not finally determined on 31.03.2017. The submissions of the assessee was not found acceptable to AO. AO noted that out of the total director's remuneration of Rs.64,03,670/-, TDS was deducted only on Rs.30,00,000/- and on the balance amount of Rs.34,03,670/- no TDS was deducted. He accordingly applying the provisions of Section 40(a)(ia) of the Act disallowed Rs.10,21,101/- and made its ad....

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....7 of 2017. He also pointed to the copy of aforesaid decision placed at page 84-87 and 111-116 respectively of the paper book. He therefore reiterated that the liability of the assessee to deduct TDS u/s 192 of the Act arises at the time of payment of salary and not otherwise. He therefore , submitted that the addition made by AO and upheld by CIT(A) be deleted. 9. Learned DR on the other hand supported the order of lower authorities. 10. We have heard the rival submissions and perused the material available on record. The issue in the present ground is with respect to the disallowance made u/s 40(a)(ia) of the Act on account non deduction of TDS of salary payment. It is an undisputed fact that during the year assessee has claimed expe....