2014 (6) TMI 609 - AT - Income Tax

Chargeability of interest u/s 201(1) of the Act - Non-deduction of TDS u/s 194LA of the Act Structural component of land compensation paid Held that - Assessee has deducted tax on the land portion of the compensation paid to the land owners - If the property was not acquired compulsorily and the order of the CIT(A) in earlier year is applicable as contended by the assessee, it is not understandable why assessee has to deduct tax on the land compensation part alone, as the provisions of section 146 are applicable for both land portion as well as structure portion - Assessee having deducted tax on the compensation paid on land portion, it is not correct to contend that structure portion is not acquired and therefore, TDS provisions are not applicable - whether assessee pays the compensation for demolition of the existing structure or acquires and later demolishes for the purpose of road, the facts are similar so long as the provisions of Land Acquisition Act were invoked for acquiring the property and the Land Acquisition Officer determines the compensation paid for acquiring the property. Both the land portion as well as structure portion acquired by the assessee falls under the word any immovable property as defined in section 194LA and to the extent of property acquired under Land Acquisition Act, the assessee is covered by provisions of section 194LA of the Act - to the extent of land and structures acquired through mutual negotiations u/s 146 of GHMC Act, the provisions are not applicable to the acquisition of property which is not compulsory - only in case where there is delay from date of TDS to the date of payment of tax by the persons, interest u/s 201(1A) can be levied - The aspects also required to be examined in detail item-wise and then only AO can raise the demand either u/s 201(1) or 201(1A) thus, the order of the CIT(A) is set aside and the matter is remitted back to the AO for fresh adjudication Decided in favour of Assessee.

Summary

Issues Involved:
1. Applicability of Section 194LA to compensation paid for demolition of structures.
2. Confirmation of tax demand under Section 201(1) for non-deduction of TDS on structural compensation.
3. Charging of interest under Section 201(1A) for non-deduction of TDS.

Issue-wise Detailed Analysis:

1. Applicability of Section 194LA to Compensation Paid for Demolition of Structures:
The primary issue is whether the provisions of Section 194LA of the Income Tax Act, 1961, apply to compensation paid by the Greater Hyderabad Municipal Corporation (GHMC) for the demolition of structures on acquired land. The CIT(A) held that Section 194LA is applicable, as the appellant acquired land after demolishing the structures and paid compensation for the demolition. The appellant contended that the acquisition was voluntary and not compulsory, thus Section 194LA should not apply. The Tribunal noted that Section 194LA requires the acquisition to be compulsory and the property to be immovable. The Tribunal referred to an earlier CIT(A) decision which held that Section 194L did not apply as the acquisition was voluntary under Section 146 of the HMC Act, 1955. However, the Tribunal found that GHMC acquired properties through both mutual negotiations and compulsory acquisition under the Land Acquisition Act, thus Section 194LA applies to properties acquired compulsorily.

2. Confirmation of Tax Demand under Section 201(1) for Non-Deduction of TDS on Structural Compensation:
The A.O. raised a demand of Rs.6,50,73,301/- for non-deduction of TDS on the structural component of compensation paid. The appellant argued that the compensation was not for compulsory acquisition and thus TDS under Section 194LA was not applicable. The Tribunal observed that the appellant deducted TDS on the land portion but not on the structural portion, indicating inconsistency. The Tribunal directed the A.O. to verify the details of properties acquired through mutual negotiations versus compulsory acquisition and to apply Section 194LA only to the latter. The Tribunal emphasized that the A.O. should exclude amounts deposited in court pending final orders and only include amounts paid directly to landowners.

3. Charging of Interest under Section 201(1A) for Non-Deduction of TDS:
The A.O. charged interest of Rs.2,68,19,138/- under Section 201(1A) for the delay in TDS deduction. The Tribunal directed the A.O. to ensure that any demand under Section 201(1) should consider whether the landowners had already paid taxes on the received compensation, as per the Supreme Court ruling in Hindustan Coca Cola Beverage (P) Ltd. vs. CIT. Interest under Section 201(1A) should only be levied for the delay from the date of TDS to the date of tax payment by the landowners. The Tribunal set aside the orders of the A.O. and CIT(A) and remanded the matter for detailed examination and appropriate action.

Conclusion:
The Tribunal allowed the appeals for statistical purposes, directing the A.O. to re-examine the facts and determine the applicability of Section 194LA based on the nature of the acquisition (mutual negotiation or compulsory) and to verify the tax payments by landowners before raising any demands under Sections 201(1) and 201(1A). The orders of the A.O. and CIT(A) were set aside for re-evaluation in light of these directions.