No TDS on reimbursements to directors and on traded goods supplied to client

Techknowledgy Interactive Partners P. Ltd. Vs ITO (ITAT Mumbai)

The ITAT, Mumbai in the matter of Techknowledgy Interactive Partners P. Ltd. v. ITO [ITA No. 350/MUM/2009 dated January 9, 2023] has held that no tax is required to be deducted at source on amount reimbursed to the director of the company. Further, when tax has been deducted at source by the assessee while receiving software consultancy services, disallowance cannot be done by the Revenue Department. Further, directed the Revenue Department to verify whether the assessee was merely a trader of a software and held that, if the purchases of software is traded goods and supplied to another client and not for the use of the assessee, no tax is required to be deducted at source.

Facts:

Techknowledgy Interactive Partners P. Ltd. (“the Appellant”) is engaged in the business of trading in software and software products.

The Appellant had filed its return of income on October 31, 2005, declaring a total income of INR 3,64,579/-. The Revenue Department (“the Respondent”) after scrutiny assessment under Section 143(3) of the Income Tax Act, 1961 (“the IT Act”), passed a final assessment order dated December 20, 2007, assessing a total income of INR 19,16,750/-.

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