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2015 (6) TMI 881 - AT - Income TaxApplicability of TDS provisions in respect of the advances held as deemed dividends by the AO u/s 2(22)(e) - whether future adjustment of advances for trade and processing charges does not alter the character of the advances so as to treat the same as deemed dividend? - Held that - As decided in assessee s own case 2012 (8) TMI 708 - ITAT, HYDERABAD as far as trade advances are concerned, there is no question of applicability of the provisions of S.194, and consequently, applicability of provisions of S.201(1) and S.201(1)(1A) does not arises. As for the other advances as well, it is held that it is only where the payee in relation to the payments in question is a share-holder, such payments may attract the provisions of S.2(22)(e), and consequently liability to TDS u/s 194. Therefore, Section 194 does not require TDS when payment is made to a non-shareholder. See ANZ Reality Pvt. Ltd. V/s. ITO(2008 (10) TMI 268 - ITAT JAIPUR-B) Decided in favor of assessee.
Issues:
1. Interpretation of section 2(22)(e) regarding deemed dividend. 2. Obligation of the assessee to deduct tax at source under section 194. 3. Applicability of provisions of section 201(1)/201(1A). 4. Judicial precedent and its impact on the present case. Issue 1: Interpretation of section 2(22)(e) regarding deemed dividend: The case involved a dispute regarding whether the advances made by the assessee company to another company should be treated as deemed dividend under section 2(22)(e) of the Income Tax Act. The assessing officer held that the advances were chargeable to tax as deemed dividend due to common shareholders. However, the Ld. CIT(A) ruled in favor of the assessee, stating that the provisions of section 2(22)(e) were not applicable in this case. The Tribunal, in its previous orders, emphasized that trade advances do not fall under the purview of TDS obligations, especially when payments are made to non-shareholders. The Tribunal concluded that the advances in question did not attract the provisions of section 2(22)(e) and upheld the decision of the Ld. CIT(A) in canceling the demand raised by the assessing officer. Issue 2: Obligation of the assessee to deduct tax at source under section 194: The assessing officer contended that the assessee was liable to deduct tax at source under section 194 from the advances made. However, the Tribunal clarified that the obligation to deduct tax at source under section 194 arises only when payments are made to shareholders. Since the payments in this case were made to companies that were not shareholders of the assessee, the Tribunal held that there was no requirement for TDS. The Tribunal highlighted the legislative intent behind TDS requirements and the synchronization with the Companies Act, emphasizing that TDS is mandatory only when payments are made to shareholders. Issue 3: Applicability of provisions of section 201(1)/201(1A): The assessing officer treated the assessee as in default for not deducting TDS, leading to demands under section 201(1)/201(1A) along with interest. However, the Ld. CIT(A) and the Tribunal, relying on previous decisions and legal interpretations, concluded that the provisions of section 201(1)/201(1A) were not applicable in this scenario. The Tribunal upheld the Ld. CIT(A)'s decision to cancel the demand raised by the assessing officer, emphasizing the non-applicability of TDS obligations in the given circumstances. Issue 4: Judicial precedent and its impact on the present case: The Tribunal extensively referred to its previous orders and legal interpretations to provide a comprehensive analysis of the case. By following the precedent set in earlier cases concerning similar issues, the Tribunal upheld the decision of the Ld. CIT(A) and dismissed the appeal of the Revenue. The Tribunal emphasized the importance of consistency in judicial decisions and the relevance of legal precedents in determining the outcome of the present case. In conclusion, the Tribunal dismissed the appeal of the Revenue, affirming the decision of the Ld. CIT(A) and ruling in favor of the assessee based on the interpretation of relevant provisions, legal precedents, and the specific facts of the case.
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