2007 (4) TMI 131 - HC - Income Tax

Deduction of tax at source - Revenue contended that assessee is liable to deduct tax at source for the amount received by his MD from the foreign collaborator - Held that revenue contention was not correct and set aside

Summary

Issues:
1. Whether the assessee was required to deduct tax at source on the entire salary received by the managing director from both the assessee and the foreign collaborator?
2. Whether the assessee was liable to deduct tax at source on the salary component paid by the foreign collaborator to the managing director?
3. Whether the Tribunal's finding that the assessee was not aware of the remuneration received by the managing director from the foreign collaborator is legally sound?
4. Whether the assessee can be burdened with the liability of deducting tax at source on payments made by a third party to the managing director?
5. Whether the provisions of section 192(2) of the Act apply in this case, considering the dual employment scenario?

Analysis:
1. The Revenue challenged the order of the Income-tax Appellate Tribunal, arguing that the assessee should have deducted tax at source on the entire salary received by the managing director from both the assessee and the foreign collaborator. The Tribunal found that the assessee was not aware of the remuneration from the foreign collaborator to the managing director, and thus, the assessee was not liable to deduct tax on that amount. The High Court upheld this finding, stating that the assessee cannot be burdened with the liability of deducting tax on payments made by a third party.

2. The main contention was whether the assessee was required to deduct tax at source on the salary component paid by the foreign collaborator to the managing director. The Revenue argued for tax deduction on the entire salary, while the assessee claimed it was not aware of the foreign collaborator's payments. The Tribunal's decision favored the assessee, and the High Court concurred, stating that the assessee was only liable to deduct tax on the payment it made to the managing director, not on amounts from other sources.

3. The Tribunal's finding that the assessee was unaware of the remuneration received by the managing director from the foreign collaborator was crucial. The High Court emphasized that this factual determination by the Tribunal could not be overturned on appeal. The Court reiterated that the assessee's lack of knowledge about the foreign collaborator's payments was a significant factor in determining its tax deduction liability.

4. Addressing the burden of deducting tax at source on payments from a third party, the High Court emphasized that it would be unreasonable to impose such a responsibility on the assessee. The Court highlighted that the assessee should only be liable for tax deduction on payments it directly made, not on amounts received from other sources, even if related to the employment of the managing director.

5. While the Tribunal considered the provisions of section 192(2) of the Act regarding dual employment, the High Court noted that since the case did not involve dual employment, a detailed interpretation of this section was unnecessary. The Court focused on the specific circumstances of the case and upheld the Tribunal's decision that the assessee was not obligated to deduct tax at source on the salary received by the managing director from the foreign collaborator.

In conclusion, the High Court dismissed the appeal, stating that no substantial question of law arose for consideration, and upheld the Tribunal's decision that the assessee was not liable to deduct tax at source on the salary received by the managing director from the foreign collaborator.