TDS provisions not applicable on Year end Provisions in absence of ascertainable amount & identifiable payee,

HT Mobile Solutions Limited Vs JCIT (OSD) (ITAT Delhi) The case of the Revenue is that the assessee had made year-end provisions for expenses amounting to Rs.86,12,471/- on which tax was not deducted at source. The assessee was treated as ‘assessee in default’ in the sum of Rs.8,61,247/- u/s 201(1) of the Act and interest of Rs.8,00.548/- u/s 201(1A) of the Act. The ld. AO observed that the provision had been made on ad hoc basis in respect of various expenditures by the assessee. On the contrary, the assessee’s case is that payees of these expenses are not identifiable and, hence, tax c...