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Issues:
- Determination of the applicable tax deduction rate on rent payable to members of the appellant. Analysis: The judgment by the Appellate Tribunal ITAT Bangalore involved a dispute regarding the rate at which tax should be deducted on rental income paid to members of an appellant entity. The Assessing Officer contended that the applicable rate of deduction should be 20%, while the appellant argued for a rate of 15%. The key issue revolved around whether the members of the appellant, who were co-owners of a commercial complex, should be considered as an Association of Persons (AOP) or as individual co-owners for tax deduction purposes under section 194-I of the Income-tax Act, 1961. The appellant, represented by counsel Vittal Madmannaya, emphasized that the members of the appellant were individual co-owners of the property, and assessments had been consistently made on individual members under section 26 of the Act. The appellant contended that since the co-owners were individuals and their shares in the property were definite and ascertainable, the tax deduction rate should be 15% based on the specific provisions of section 26. Additionally, the appellant referred to a CBDT Circular stating that the limit of Rs. 1,20,000 for tax deduction should apply separately to each co-owner. On the other hand, the Departmental Representative (DR) argued in favor of the impugned order, citing section 194-I which prescribed a 20% tax deduction rate for payments made to entities other than individuals or Hindu Undivided Families (HUFs). The DR also relied on a decision of the Kolkata High Court to support the contention that the tax deduction rate should be 20% for payments to entities like the appellant. After considering the arguments and facts presented, the Tribunal analyzed the provisions of section 194-I and the specific circumstances of the case. The Tribunal observed that the property in question was owned by multiple co-owners, each with a definite and identifiable share. Notably, the Tribunal highlighted that the income from the property was assessed in the hands of individual co-owners under section 26, and the TDS credits were granted accordingly. The Tribunal also referenced CBDT Circular No. 715 and various judicial decisions to support the conclusion that the tax deduction rate should be 15% for individual co-owners with definite shares, rather than 20% for entities like AOPs. Ultimately, the Tribunal ruled in favor of the appellant, determining that the tax deduction rate on rent payable to individual co-owners should be 15% and not 20%. Consequently, the tenants were not considered as assessee-in-default under section 201(1), and no interest was to be levied under section 201(1A). As a result, all the appeals by the assessees were allowed based on the interpretation of relevant tax provisions and judicial precedents.
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