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2011 (11) TMI 77 - AT - Income TaxTransmission / wheeling charges - TDS u/s 194I - Assessing Officer concluded that the transmission charges/wheeling charges were paid by GRIDCO to OPTCL towards use of equipments for transfer of power from the generators to the DISTCOMs, which attracted liability under Section 194-I of the Income-tax Act, 1961. - Held that - the assessee has never used the equipments of transmission lines of OPTCL but it has only asked the OPTCL to transmit power from generator to DISCOMs by using the services of OPTCL, the assessee has not used the transmission lines which are the assets of OPTCL as per its form notified in the gazette. The learned AR of the assessee has also argued on the issue of applicability of Section 194J and 194C on the transmission charges. But the Assessing Officer has invoked the provisions of Section 194-I only for making the disputed disallowance and therefore, we have not adverted to the issue of applicability of Section194J or Section 194C. Since section 194-I is not applicable in respect of transmission charges, no disallowance can be made u/s.40(a)(ia).
Issues Involved:
1. Arbitrary dismissal of appeal by CIT(A). 2. Application of Section 40(a)(ia) regarding transmission charges paid to OPTCL. 3. Assessee's non-debiting of transmission charges in its books. 4. Addition of Rs. 367.06 crores for non-deduction of TDS under Section 194-I. 5. Wrongful disallowance of Rs. 145.38 crores paid to PGCIL. 6. Nature of payments made to PGCIL not attracting Section 194-I. 7. Non-applicability of Section 194-I due to OPTCL being a loss-making enterprise. Issue-wise Detailed Analysis: 1. Arbitrary Dismissal of Appeal by CIT(A): The assessee contended that the CIT(A) dismissed its appeal without appreciating the facts and through wrongful application of law. The Tribunal found that the CIT(A) did not correctly consider the developments post-2005, specifically the separation of GRIDCO and OPTCL. 2. Application of Section 40(a)(ia) Regarding Transmission Charges Paid to OPTCL: The Tribunal analyzed whether the assessee's request for OPTCL to transmit power falls under Section 194-I. It was determined that the transmission charges paid by GRIDCO to OPTCL were not for the use of plant and machinery but for the service of transmission, which does not attract Section 194-I. 3. Assessee's Non-Debiting of Transmission Charges in Its Books: The Tribunal noted that the assessee did not show the transmission charges in its profit and loss account since it acted merely as a conduit for payments from DISCOMs to OPTCL. The escrow arrangement did not create an income or expenditure for the assessee. 4. Addition of Rs. 367.06 Crores for Non-Deduction of TDS Under Section 194-I: The Tribunal found that the payment of transmission charges to OPTCL by GRIDCO was not for the use of equipment but for the service of transmission. Hence, the provisions of Section 194-I were not applicable, and the addition made by the Assessing Officer was unjustified. 5. Wrongful Disallowance of Rs. 145.38 Crores Paid to PGCIL: The Tribunal held that payments to PGCIL were also for the service of transmission and not for the use of plant and machinery. Therefore, Section 194-I was not applicable, and the disallowance was incorrect. 6. Nature of Payments Made to PGCIL Not Attracting Section 194-I: The Tribunal reiterated that the payments to PGCIL were for transmission services. The equipment and machinery were used by PGCIL, not by the assessee. Hence, these payments did not fall under the purview of Section 194-I. 7. Non-Applicability of Section 194-I Due to OPTCL Being a Loss-Making Enterprise: The Tribunal found this argument academic since it had already determined that Section 194-I was not applicable to the payments made to OPTCL. The financial status of OPTCL was irrelevant to the application of TDS provisions. Conclusion: The Tribunal concluded that the Assessing Officer was not justified in invoking Section 40(a)(ia) for disallowance of transmission and wheeling charges. Consequently, the disallowance was directed to be deleted, and the appeal of the assessee was allowed.
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