2015 (7) TMI 727 - AT - Income Tax

Liability to deduct tax at source from the payment of such commission under S.194H - assessee in default under S.201(1)/201(1A) - CIT(A) directed the Assessing Officer to examine whether the taxes were already paid by the deductees i.e. distributors and give credit for the same. and also to charge interest under S.201(1A) from the date on which the tax was payable to the date on which the tax was actually paid by the deductees - Held that - Although the first proviso to S.201(1) has been inserted in the statute with effect from 1.7.2012, the same being clarificatory in nature is applicable with retrospective effect, thereby covering the year under consideration, as rightly held by the learned CIT(A), and the Learned Departmental Representative has not raised any contention to dispute or controvert the position. We, therefore, find no infirmity in the impugned order of the learned CIT(A), giving limited relief to the assessee by relying on the first proviso to S.201(1), which is applicable to the year under consideration, and upholding the same, we dismiss the appeal preferred by the Revenue. - Decided against revenue.

Summary

Issues involved:
- Appeal by revenue against orders passed by Commissioner of Income-tax(Appeals) for assessment years 2009-10 and 2010-11.
- Treatment of difference between Maximum Selling Charge and Distributor's Rate as commission under S.194H.
- Compliance with provisions of S.201(1)/201(1A) regarding deduction of tax at source.
- Relief based on certificate from Chartered Accountant confirming tax payment by deductees.
- Applicability of first proviso to S.201(1) with retrospective effect.

Analysis:

Issue 1: Appeal against orders passed by Commissioner of Income-tax(Appeals)
- The revenue filed appeals against orders passed by the Commissioner of Income-tax(Appeals) for assessment years 2009-10 and 2010-11. The appeals were heard together due to a common issue and disposed of in a consolidated order.

Issue 2: Treatment of difference between Maximum Selling Charge and Distributor's Rate as commission
- The revenue treated the difference between Maximum Selling Charge and Distributor's Rate as commission, holding the assessee liable to deduct tax at source under S.194H. The Commissioner of Income-tax(Appeals) directed the Assessing Officer to examine if taxes were already paid by deductees and give credit accordingly.

Issue 3: Compliance with provisions of S.201(1)/201(1A)
- The Assessing Officer found the assessee's submissions incomplete and held it liable for failure to deduct tax at source. The Assessing Officer passed a consequential order fixing the liability of the assessee for assessment year 2009-10.

Issue 4: Relief based on certificate from Chartered Accountant
- The assessee submitted certificates from Chartered Accountants confirming that deductees declared income and paid tax. The Commissioner of Income-tax(Appeals) relied on the first proviso to S.201(1) inserted with retrospective effect from 1.7.2012, directing appropriate relief to the assessee.

Issue 5: Applicability of first proviso to S.201(1) with retrospective effect
- The first proviso to S.201(1) was deemed clarificatory and applicable with retrospective effect. The Tribunal upheld the relief granted by the Commissioner of Income-tax(Appeals) based on this proviso, dismissing the revenue's appeal for both assessment years.

This detailed analysis covers the key issues involved in the legal judgment, highlighting the treatment of commission, compliance with tax deduction provisions, relief based on certificates, and the applicability of the proviso with retrospective effect.