2009 (10) TMI 921 - HC - Income Tax

Summary

Issues involved:
The issue involves the applicability of section 194-A of the Income Tax Act regarding the deduction of tax at source on interest paid for belated payment of compensation for land acquired.

Summary:

Issue 1: Applicability of Section 194-A for deduction of tax on interest payment for belated compensation:

The appeal was filed under section 260-a of the Income Tax Act challenging the order passed by the Tribunal regarding the deduction of tax at source under section 194-A for interest paid to landowners for delayed compensation. The Tax Recovery Officer held the respondent liable for not deducting tax under section 194-A, leading to a demand of &8377;2,56,040. The Appellate Authority allowed the appeal, but the Tribunal upheld the original order. The substantial question of law raised was whether section 194-A was applicable for such payments.

Details:

The respondent did not dispute the payment of interest for belated compensation, acknowledging its liability to income tax. The decision in Bikram Singh's case emphasized that such payments are covered under section 194-A for tax deduction at the source. The Supreme Court's ruling confirmed that interest on delayed compensation is taxable, and the Land Acquisition Officer was justified in deducting tax under section 194-A. The contention that the circular issued by the Government of Karnataka overrides this principle was dismissed. Therefore, the substantial question of law was answered in favor of the revenue, and the appeal was allowed, setting aside the Tribunal's order and restoring the Tax Recovery Officer's decision.

Separate Judgment by Judges:
No separate judgment was delivered by the judges in this case.