No TDS applicable on stamp duty and registration charges: ITAT
CA Pratibha Goyal | Jun 8, 2022 |
No TDS applicable on stamp duty and registration charges: ITAT
In this case, one of the grounds of Appeal was that the Commissioner (Appeals) is wrong in disallowing a sum of Rs. 1, 53, 750/- on account of legal charges under section 40(a)(ia) of the Income Tax Act.
The Assessing Officer also disallowed legal charges amounting to Rs.1,53,750/- under Section 40(a)(ia) r.w. Section 194J of the Act due to the non-deduction of TDS in the assessment framed under Section 143(3) of the Act.
In this regard, it is contended on behalf of the assessee that such payments are made primarily towards stamp duty and registration charges of various lease deeds of stores during the Financial Year 2012-13.
ITAT held that the expenses incurred not being in the nature of professional services but towards payment of government duty/fee/documentation charges, do not fall in the ambit of deduction of TDS under Section 194J.
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