2014 (1) TMI 1446 - AT - Income Tax

Applicability of Section 194C of the Act - Violation of provisions of section 194J of the Act Requirement of TDS Payment made for professional services Held that - The CIT(A) deleted the addition made by the A.O. and held that there was no requirement of making deduction at source u/s 194C of the Act - The decision in KUMS, Sikar vs. Income Tax Officer 2014 (1) TMI 935 - ITAT JODHPUR and CIT vs. KUMS, Gajsinghpur & Ors. 2009 (1) TMI 781 - RAJASTHAN HIGH COURT followed the order of the CIT(A) upheld - Decided against Revenue.

Summary

Issues involved:
1. Applicability of Section 194C of the Income Tax Act, 1961 on payments made by the assessee.
2. Requirement of deduction of tax at source u/s 194J on payments made to local fund audit department of State Government.
3. Levying of interest u/s 201(1A) based on total tax deducted during the year.
4. Charging interest u/s 201(1A) when payee has deposited due tax.

Analysis:
1. The first issue pertained to the applicability of Section 194C of the Income Tax Act, 1961 on payments made by the assessee to Rajasthan State Agricultural Marketing Board (RSAMB). The A.O. observed discrepancies in tax deductions and issued a notice proposing to treat payments to RSAMB as contractual payments under section 194C. However, the CIT(A) ruled in favor of the assessee, stating that the conditions for Section 194C were not met, citing the relationship between the entities and previous judgments as grounds for deletion of the addition.

2. The second issue involved the deduction of tax at source u/s 194J on payments made to advocates/chartered accountants for professional services. The assessee argued that taxes were duly paid by the professionals, relieving the payer of further tax deduction obligations. The CIT(A) referred to Circular No. 275/202/95-IT(B) and various case laws to support the decision that if the payee had paid due tax, the payer was not liable for tax deduction, leading to the deletion of the demand by the Assessing Officer.

3. The third issue revolved around the interpretation of interest u/s 201(1A) based on total tax deducted during the year. The CIT(A) relied on the Supreme Court's decision in the Hindustan Coca Cola Beverages case, stating that when the payee had paid due tax, the payer was not obligated to deduct tax at source. Consequently, the demand raised by the Assessing Officer was deleted.

4. The fourth issue addressed the requirement of charging interest u/s 201(1A) when the payee had deposited the due tax. The Tribunal referred to a previous judgment and found that the issue had already been adjudicated, leading to the dismissal of the appeal by the Department. The Tribunal's decision was based on the identical facts of the case to a previous ruling, resulting in the dismissal of the appeal.

Overall, the Tribunal's judgment favored the assessee on all issues, emphasizing the importance of compliance with tax deduction provisions and the impact of payee's tax payments on the payer's obligations under the Income Tax Act, 1961.