2010 (1) TMI 832 - AT - Income Tax

Event management services - assessee had not deducted tax at source under section 194C/ 194J in respect of certain payments - assessee in default under section 201(1) in respect of tax not deducted and charged consequential interest under section 201(1A) - whether in respect of art work and photography the parties to whom payments had been made by the assessee should be treated as a professional or as a contractor - department has treated the art work and photography work as a professional Held that - photography and the art work in case of the assessee has not been done in relation to production of any cinematography, assessee had assigned the job of art work and photography to others, the claim of the assessee that job often had been given on contract basis has to be accepted. all the payments made by the assessee will be covered under the provisions of section 194C(1). The order of CIT(A) is modified to that extent, appeals of the assessee are partly allowed.

Summary

Issues:
Dispute over tax charge under section 201(1) and consequential interest under section 201(1A for assessment years 2000-01 to 2003-04.

Detailed Analysis:

Issue 1: Tax Charge under Section 201(1) and Consequential Interest under Section 201(1A)
The appeals by the assessee were against the common order of CIT(A) regarding the charge of tax under section 201(1) and consequential interest under section 201(1A for the assessment years 2000-01 to 2003-04. The Assessing Officer treated the assessee in default for not deducting tax at source under section 194C/194J during a survey. The dispute revolved around whether the assessee should be treated as a contractor liable for deduction under section 194C(1) or as a sub-contractor under section 194C(2). The Assessing Officer considered the nature of work as professional, applying sections 194C(1) and 194J. The CIT(A) upheld this decision, noting that the nature of payments made by the assessee was both contractual and professional. The tribunal agreed with the authorities, emphasizing that the clients had treated the assessee as a professional, justifying the application of sections 194C(1) and 194J.

Issue 2: Treatment of Art Work and Photography Payments
Regarding art work and photography payments, the Assessing Officer treated them under section 194J for professional and technical services. The CIT(A) upheld this decision, considering the nature of services provided by the assessee. However, the tribunal disagreed, stating that the services did not fall under the definition of professional services as per the Explanation to section 194J. The tribunal referred to relevant case laws and notifications to support its stance that art work and photography should be treated as contractual services under section 194C(1), modifying the CIT(A) order accordingly.

Conclusion:
The tribunal partly allowed the appeals, affirming the treatment of the assessee as a professional under sections 194C(1) and 194J for most payments. However, it ruled that art work and photography payments should be considered contractual under section 194C(1), modifying the CIT(A) order in this regard.