P. R. Gold and Silver Craft v. PCIT (2022) 197 ITD 672 / (2023) 102 ITR 362 (Chennai)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Contractors/sub-contractors-Payments to Making charges-Manufacturing of gold and silver jewellery-Wastage left with goldsmiths-Not liable to deduct tax at source. [S. 194C]

Assessee is  engaged in manufacturing of gold and silver jewellery. During year the assessee issued certain quantity of gold to goldsmiths for making new ornaments but received back lesser quantity and balance was left with goldsmiths which was claimed as wastage by assessee. Assessing officer held  that assessee had shown wastage ranging between 4.5 per cent to 6 per cent, however, wastage would be only in range of 0.5 per cent to 1 per cent and excess rate of gold retained by goldsmiths was actually in lieu of making charges. He further noted that such making charges were paid without deduction of tax at source under section 194C and, accordingly, disallowed  the same Held that since no payment or credit of any sum by way of cash, issue of cheque or draft or by any other mode was made by assessee to goldsmiths, provision of section 194C was not attracted.  (AY. 2013-14, 2014-15)