2016 (11) TMI 1465 - AT - Income Tax

TDS u/s 194J - TDS liability of licence fees paid to IRCTC - Held that - The issue in appeal is no longer res integra. A co-ordinate bench of this Tribunal, in assessee s own case in respect of assessment under section 143(3) for the assessment years 2006-07 to 2011-12 has observed to hold that assessee s licence fee payments to IRCTC were not liable for TDS and cannot be disallowed u/s. 40(a)(ia). Assessee by IRCTC dated 27.03.2014 and form no 26 has demonstrated that license fees paid by him for FY 2005-06 to 2010-11 has been included by IRCTC in its annual Profit & Loss account, Balance sheet and their returns of income. In view thereof we see no reason as to why the assessee shall be held to be liable for TDs and disallowance u/s 40(a)(ia). - Decided in favour of assessee.

Summary

Issues:
- Tax withholding demands under section 201(1) r.w.s. 194J and section 201(1A) r.w.s. 194J for license fees paid to Indian Railway Catering & Tourism Corporation Limited (IRCTC).

Detailed Analysis:
1. The appeals involved a common issue regarding tax withholding demands raised under section 201(1) r.w.s. 194J and section 201(1A) r.w.s. 194J for license fees paid to IRCTC. The assessee contested that the CIT(A) erred in upholding these demands, arguing that the payments were not subject to tax deduction at source. The Assessing Officer held the assessee at fault for non-compliance and passed orders under the mentioned sections.

2. The core contention revolved around whether the license fee payments made by the assessee to IRCTC were liable for tax deduction at source under section 194J. It was noted that no taxes were deducted at the source from these payments. The Assessing Officer believed that tax should have been deducted under section 194J as the license fee payments fell within its scope. The CIT(A) upheld the Assessing Officer's decision, leading the assessee to appeal further.

3. The Tribunal analyzed the issue in detail, considering a previous decision in the assessee's case for assessment years 2006-07 to 2011-12. The Tribunal highlighted that the license fee payments were not for specialized services or technical skills but for legal obligations arising from the license. Referring to legal precedents, the Tribunal concluded that sections 194J and 194C were not applicable to the case, and the license fee payments were not covered under section 40(a)(ia) of the Income Tax Act.

4. Furthermore, the Tribunal discussed the applicability of section 28(va) and the interpretation of the term "State" concerning TDS liability. Citing judicial precedents and legal provisions, the Tribunal held that the assessee was not liable to deduct TDS from the license fee paid to IRCTC. Additionally, the Tribunal considered the retrospective nature of the proviso to section 201 and the compliance demonstrated by the payee, IRCTC, in including the license fees in their financial records.

5. Ultimately, the Tribunal upheld the plea of the assessee, directing the Assessing Officer to cancel the tax withholding demands under section 201(1) and 201(1A) r.w.s. 194J. The appeals were allowed in favor of the assessee based on the detailed analysis and legal interpretations presented, in line with the previous decision and judicial precedents.