2012 (8) TMI 742 - AAR - Income Tax

Transmission, Wheeling & SLDC Charges - Whether TDS provisions u/s 194J or 194C will apply ? - Held that - According to the agreement entered into by the applicant with RVPN and from a survey of the duties and obligations of RVPN viz-a-viz the applicant, it is not possible to accept the argument that for maintaining proper and regular transmission of electrical energy, no rendering of technical services is involved - It is not a mere case of RVPN maintaining its system with the help of its professional and technical personnel. It is also a case of such personnel ensuring regular and consistent transmission of electrical energy at the grid voltage at the distribution point of the applicant - argument on behalf of the applicant that in ensuring due and proper transmission of electrical energy from the generation point to the distribution point of the applicant, the services of technical personnel are not needed cannot be accepted, thus that the transmission involves the rendering of technical services and the consideration paid towards transmission charges partakes the applicant is obliged to withhold tax thereon under section 194J of the Act - against assessee. SLDC Charges are paid to the State Load Dispatch Centre constituted for the purpose of exercising the powers and discharging the functions under Part V of the Electricity Act - The centre is responsible for optimum scheduling and dispatch of electricity within the state in accordance with the contracts entered into with licencee and generating companies. It is to monitor grid operations, to keep accounts of the quantity of electricity transmitted through the state grid and exercise supervision and control over the transmission system, thus considering the nature of the obligations placed in the centre, and the role it performs, it cannot be said that it is rendering any technical services to the applicant - no withholding of tax in terms of section 194J or 194C of the Act is called for on the said charges - in favour of assessee.

Summary

Issues:
1. Whether the wheeling and State Load Dispatch Centre (SLDC) Charges payable by a Public Sector Company engaged in the business of transmission of electricity would be considered as fees for technical services under the Income-tax Act, obliging the applicant to withhold taxes under sections 194J or 194C of the Act.

Analysis:

Issue 1:
The Public Sector Company sought an advance ruling on whether the charges paid to Rajasthan Rajya Vidyut Prasaran Nigam Limited (RVPN) for transmission, wheeling, and SLDC services should be categorized as fees for technical services, necessitating tax withholding under sections 194J or 194C of the Income-tax Act. The applicant argued that the charges were statutory in nature and did not involve the provision of technical services, thus not warranting tax withholding. Conversely, the Revenue contended that the transmission of electricity involved technical services and should be subject to tax withholding. The Authority rephrased the question to determine the applicability of TDS provisions on the charges paid by the applicant to RVPN and others.

Issue 2:
The applicant maintained that the transmission and wheeling charges were statutory dues, not fees for technical services, as they were reimbursement of actual costs without generating income for RVPN. On the other hand, the Revenue argued that the transmission and wheeling services required technical expertise and should be considered as fees for technical services under section 194J of the Act. The Authority analyzed the nature of the services provided by RVPN, including the transmission system's maintenance and SLDC functions, to ascertain whether technical services were involved in the charges paid.

Issue 3:
The Authority examined the obligations of RVPN in maintaining the transmission system, ensuring proper energy transmission, and coordinating with the State Load Dispatch Centre. It considered the technical aspects of transmission services, the involvement of qualified personnel, and the statutory duties of RVPN and the SLDC. The Authority concluded that the transmission and wheeling charges constituted fees for technical services, necessitating tax withholding under section 194J. However, it ruled that SLDC charges did not qualify as fees for technical services and hence did not require tax withholding under sections 194J or 194C of the Act.

In summary, the Authority determined that the transmission and wheeling charges paid by the applicant to RVPN were fees for technical services, mandating tax withholding under section 194J of the Income-tax Act. Conversely, it ruled that SLDC charges did not fall under the category of fees for technical services, thereby exempting them from tax withholding obligations.