Reimbursement of Expenses by the Principal and TDS applicability on payment of expenses by the agent

 1,364 total views

Reimbursement of Expenses by the Principal and TDS applicability on payment of expenses by the agent 

Often an issue of Reimbursement of Expenses by the Principal and TDS applicability on payment of expenses by the agent is there with the assessee. Here is one case which may be relevant for the taxpayers.

The issue of Section 194C, read with section 40(a)(ia), of the Income-tax Act, 1961 regarding Deduction of tax at source

as a Contractors/sub-contractors payments by Custom House Agent was there before ITAT in the following case:

Shri Shanmugar Services

[2022] 138 taxmann.com 227 (Chennai – Trib

The case was pertaining to the Assessment years 2009-10 and 2010-11.

The question before ITAT was Whether section 194C provides that person who makes payment is required to deduct TDS on such payment?

Whether said payment is for himself or on behalf of third party?

 ITAT answered it in affirmative. It held as under;

Assessee, a Custom House Agent, had made payment to shipping companies CFS Agents on behalf of its customers and claimed that payment was in nature of reimbursement of expenses and is in the scope of section 194C.

Assessing Officer disallowed said payments under section 40(a)(ia) for non-deduction of TDS under section 194C.

Whether since payment made by assessee to CFS Agents was covered under section 194C, for non-deduction of TDS on such payments, Assessing Officer had rightly made disallowance under section 40(a)(ia).

It is further held that the 30% Disallowance by Finance Act 2010 applied retrospectively to AY 2005-06 and AY 2009-10

Conclusion: 

Payment made by assessee, Custom House agent, to shipping companies/CFS agents was covered under section 194C and, thus, for non-deduction of TDS on such payment, Assessing Officer had rightly made disallowance under section 40(a)(ia)

Leave a Comment

Your email address will not be published.

the taxtalk

online portal for tax news, update, judgment, article, circular, income tax, gst, notification Simplifying the tax and tax laws is the main motto of the team tax talk, solving