2011 (12) TMI 152 - AT - Income Tax

Non-deduction of tax at source u/s 194J - payment made by the University to the coordinator colleges to be paid to evaluation staff for conducting the evaluation of copy books of the examinees - evaluation work deemed to be technical in nature by A.O. - assessee did not filed replies before the AO nor ascribed any reasons as to why tax was not deducted at source demand imposed - Held that - CIT(A) deleted the addition on the basis of additional material submitted before him, without following the principles of natural justice. Since CIT(A) has not recorded any findings on the applicability or otherwise of provisions of sec. 194J of the Act nor the relevant documents, explaining the exact nature of payments made by the University to the Principals of aforesaid colleges are presented, therefore, the issues raised in appeal are restored to file of CIT(A) for fresh adjudication in accordance with law, in the light of aforesaid observations, bringing out clearly as to whether or not provisions of sec. 194J are applicable in this case.- Decided in favor of Revenue for statistical purposes.

Summary

Issues Involved:
1. Whether the order passed by the Income Tax Officer (TDS), Meerut under section 201(1) read with section 194J of the Income Tax Act, 1961, raising a demand for non-deduction of TDS, was erroneous.
2. Whether the payments made by the university to the coordinator colleges for evaluation work constituted technical services requiring TDS deduction under section 194J.

Issue-wise Detailed Analysis:

Issue 1: Erroneous Order by Income Tax Officer (TDS)
The CIT(A) concluded that the order passed by the Income Tax Officer (TDS), Meerut under section 201(1) read with section 194J of the Income Tax Act, 1961, raising a demand for Rs.31,21,520/- for AY 2007-08 and Rs.41,87,921/- for AY 2008-09, was erroneous. The CIT(A) found that:
- The university followed a definite procedure to conduct exams, involving a committee of Principals who acted as Coordinators.
- The Coordinators were not contractors but were duty-bound to conduct exams and prepare results as per university guidelines.
- Payments made to Coordinators were advances for conducting exams, not remuneration.
- The Coordinators were responsible for paying the evaluation staff, and any remuneration paid was exempt under section 10(14) of the Income Tax Act.
- The guidelines issued by the university did not constitute a contract between the university and the coordinator colleges.

Issue 2: Nature of Payments and Applicability of Section 194J
The CIT(A) determined that:
- There was no contract between the university and the coordinator colleges.
- The coordinator colleges acted as Third Party Administrators (TPAs) under the guidelines issued by the university, similar to the case of Medi Assist TPA vs. DCIT (Karnataka High Court).
- The advance payments to coordinator colleges were reimbursements for expenses incurred in conducting exams, not remuneration.
- Therefore, the university was not required to deduct TDS on these payments under section 194J.

Appellate Tribunal's Findings:
The Tribunal found that:
- The CIT(A) did not record findings on the applicability of section 194J, which the Assessing Officer specifically invoked.
- The CIT(A) concluded the order was erroneous without giving the Assessing Officer an opportunity to respond to the additional material submitted by the assessee.
- The CIT(A) relied on the decision of the Karnataka High Court in Medi Assist TPA vs. DCIT without establishing that the facts of the present case were parallel to those in the Medi Assist case.

The Tribunal decided to vacate the CIT(A)'s findings and restore the issues to the CIT(A) for fresh adjudication, directing that the CIT(A) should:
- Clearly determine whether the provisions of section 194J are applicable.
- Allow sufficient opportunity to both parties to present their case.

Conclusion:
The Tribunal allowed the appeals for statistical purposes, directing the CIT(A) to re-adjudicate the issues in accordance with the law and after providing both parties with an opportunity to present their arguments.