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.

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