2013 (6) TMI 373 - AT - Income Tax

Payments made to the Broadcasters - Non deduction of TDS u/s 194C - Treating the assessee as an assessee in default and levying of tax and interest u/s.201(1) & 201(IA) - CIT(A)confirmed additions - Held that - CIT(A) after hearing the assessee and considering the provisions contained in Section 201(1) as well as Section 194C and the decision of Kurukshetra Darpans (P)Ltd v. CIT (2008 (3) TMI 48 - High Court Punjab and Haryana) has come to the conclusion that the tax u/s.194C is deductible on the payments made to T.V.channels. Thus assessee could be treated as assessee in default Levy of interest u/s.201(1A) confirm as relying on Hindustan Coca Cola Beverages (P) Ltd (2007 (8) TMI 12 - SUPREME COURT OF INDIA) and CIT v. Eli Lilly & Co.(India) P. Ltd (2009 (3) TMI 33 - SUPREME COURT). Thus the impugned orders of theCIT(A) are not infirm in any way requiring any interference. Against assessee.

Summary

Issues involved:
- Confirmation of payments to Broadcasters under sec. 194C
- Treatment of assessee as default under sec. 201(1) & 201(1A) for non-deduction of TDS
- Interpretation of TDS u/s.194C pre-judgment of Hon'ble High Court
- Levy of interest u/s.201(1A) justified

Confirmation of payments to Broadcasters under sec. 194C:
The assessee, a domestic Company engaged in cable network operation, did not deduct TDS on payments made to Broadcasters for Air Time Charges. The Assessing Officer found the payments subject to TDS under Section 194C. The Assessing Officer deemed the assessee as defaulting under Section 201(1) for non-deduction of tax and levied interest u/s.201(1A). The CIT(A) upheld the Assessing Officer's decision based on relevant provisions and judicial precedents, including the decision of Hon'ble Punjab & Haryana High Court. The Tribunal found the CIT(A)'s decision correct and upheld it, dismissing the appeals.

Treatment of assessee as default under sec. 201(1) & 201(1A) for non-deduction of TDS:
The Assessing Officer deemed the assessee as defaulting under Section 201(1) for not deducting TDS on payments to Broadcasters. The CIT(A) upheld this decision after considering relevant provisions and judicial precedents. The Tribunal found the CIT(A)'s analysis thorough and in accordance with Supreme Court and High Court judgments, leading to the dismissal of the appeals.

Interpretation of TDS u/s.194C pre-judgment of Hon'ble High Court:
The issue of TDS u/s.194C was raised by the assessee, arguing it was debatable pre-judgment of Hon'ble High Court. However, the Assessing Officer and CIT(A) concluded that tax u/s.194C was deductible on payments to TV channels. The CIT(A) also considered the assessee as defaulting and justified the levy of interest u/s.201(1A) based on judicial decisions. The Tribunal upheld the CIT(A)'s decision, citing alignment with relevant legal precedents.

Levy of interest u/s.201(1A) justified:
The Assessing Officer levied interest u/s.201(1A) on the assessee for non-deduction of TDS. The CIT(A) upheld this decision, referencing judicial rulings like the Hon'ble Supreme Court's decision in Hindustan Coca Cola Beverages (P) Ltd. The Tribunal concurred with the CIT(A)'s reasoning, finding no infirmity in the orders and dismissing the appeals.