Advertisement
Advertisement
Skip to content
Follow Us on
Advertisement
TOP STORIES
Income Tax

Year-End Provisions Trigger TDS – ITAT Upholds Default but Grants Relief Window

Case Law Details

TaxGuru Citation
2026 taxguru.in 4895
Case Name
Artha Real Estate Corporation Limited Vs DCIT (ITAT Bangalore)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2018-19
Advertisement

Artha Real Estate Corporation Limited Vs DCIT (ITAT Bangalore)

Year-End Provisions Trigger TDS – ITAT Upholds Default but Grants Relief Window

In Artha Real Estate Corporation Ltd., the Bangalore ITAT dealt with whether TDS is required on year-end provisions and consequent treatment as assessee in default u/s 201.

The assessee argued that:

  • Provisions were mere book entries,
  • Liability had not crystallized, and
  • Entries were reversed in the next year, with TDS deducted later on actual payment.

The ITAT rejected this contention and held:

  • Payee, nature, and amount were identifiable at year-end.
  • Under Sections 194C / 194J, TDS applies even when amount is credited to “provision/payable account”.
  • Accrual system + identifiable liability = TDS obligation triggered, even without payment.

 Hence, ITAT confirmed:

  • Assessee is in default for non-deduction of TDS on ₹77.55 lakh provisions.

However, relief was provided:

  • If recipients have already offered income to tax, assessee can claim benefit under first proviso to Section 201(1) (no double taxation).
  • Matter remanded to AO for verification of this relief.

On salary (variable pay):

  • ITAT gave relief holding that TDS u/s 192 applies at time of payment, not provision.
  • Since tax was deducted in subsequent year on payment, no default arises.

FULL TEXT OF THE ORDER OF ITAT BANGALORE

Paid content

Become a Premium Member, or log in if you are already a Premium member.

Advertisement

Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,844

Join TaxGuru's Network for the latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.