2014 (12) TMI 1224 - HC - Income Tax

TDS u/s 19C - TDS on payments made by the farmer s Samiti in respect of various expenses including labour charges transport charges insurance charges etc. on behalf of farmers - Held that - The supply of sugarcanes at the gates of factories of the respective assesses was a part of sale transaction and therefore we are of the opinion that the assesses are not liable to deduct TDS. See COMMISSIONER OF INCOME TAX (TDS) Versus KRISHAK BHARATI COOPERATIVE LIMITED 2012 (10) TMI 655 - GUJARAT HIGH COURT - Decided in favour of assessee

Summary

Issues:
- Interpretation of Section 194C of the Income Tax Act, 1962 regarding TDS deduction on payments made by farmers' Samiti.
- Whether the supply of sugarcanes at the factory gate is part of a sale transaction or a work contract.

Analysis:
1. Interpretation of Section 194C - The case involved two appeals by Cooperative Societies challenging orders of the ITAT regarding TDS deduction under Section 194C of the Income Tax Act, 1962. The Revenue held the appellants as defaulters and imposed penalties. The CIT(A) dismissed the appeals, leading to the ITAT's orders being challenged in the present appeals.

2. Legal Question Framed - The Court framed the legal question of whether the Tribunal was correct in holding the assesses liable under Section 194C for TDS deduction from payments made by farmers' Samiti for various expenses. The appellants argued that the supply of sugarcane at the factory gate was part of a sale transaction, thus exempt from TDS deduction.

3. Arguments and Precedents - The appellants contended that the Tribunal erred in its interpretation of Section 194C and relied on a previous court decision to support their position. The respondent, representing the Revenue, supported the Tribunal's orders, considering the supply of sugarcanes a work contract. They cited other court decisions to justify their stance.

4. Court's Analysis and Decision - The Court examined the facts and relevant legal provisions. It determined that the supply of sugarcanes at the factory gate was integral to the sale transaction and not a separate work contract. Drawing parallels to a previous case, the Court concluded that TDS deduction was not applicable in the present scenario. The Court found in favor of the appellants, quashing the ITAT's orders and ruling against the Revenue.

5. Final Verdict - Both appeals were allowed, the ITAT's orders were set aside, and the legal question was answered in favor of the appellant-assesses. No costs were awarded in the case. The judgment clarified the application of Section 194C in the context of the sale transaction involving the supply of sugarcanes at the factory gate by Cooperative Societies.