2016 (2) TMI 30 - AT - Income Tax

Non deduction of tax at source in respect of interest on debenture u/s 193 - Provision made in the books of account versus Actual liability - Held that - Undisputedly no income has accrued to or has been received by then debenture holders under the provisions of the section 193 of the Act. At the end of tax deducting is requirement of paying any income by way of interest on security but above facts indicate that there was no such requirement at the end of the assessee for paying any income by way of interest on security to debenture holders. In view of precarious financial position of the assessee as stated above the provision of such interest was made in view of compulsory requirement of amounting standards as well as Companies Act, 1956 hence, assessee was rightly held not responsible for paying any income by way of interest on securities to debenture holders in such situation provisions of section 193 of the Act are not applicable. In this background CIT(A) was justified in holding that assessee has not committed any default in this regard. Thus, the assessing officer has rightly been directed not to treat as assessee in default accordingly, he was rightly directed to delete the payment of ₹ 2,92,49,251/- as worked out under provisions u/s 201(1)/201(1A) of the Act. This reasoned factual finding of CIT(A) need not interfere from our side we uphold the same. As a result, appeal filed by revenue is dismissed. - Decided in favour of assessee

Summary

Issues: Non-deduction of tax at source on interest debited to Profit & Loss Account for debentures; Assessment of tax liability under sections 201(1) and 201(1A) of the Income-tax Act, 1961.

Analysis:
1. The appeals by the Revenue challenged the orders of the Commissioner of Income-Tax (Appeals) related to non-deduction of tax at source on interest debited to the Profit & Loss Account for debentures. The Revenue contended that the assessee was obligated to deduct tax at source at the time of credit of such income as per section 193 of the Income-tax Act. The Revenue also argued that the disallowance of tax on interest to debenture holders could result in loss to the exchequer.

2. The assessee, engaged in manufacturing, issued Non-Convertible Debentures to various entities without deducting tax at source on the interest debited to the Profit & Loss Account. Following a survey, proceedings were initiated under sections 201(1) and 201(1A) against the assessee for being in default. The Assessing Officer raised a demand for tax and interest, alleging non-deduction of tax at source and delayed payment of tax on other expenses.

3. The first appellate authority granted relief to the assessee, stating that the liability provision in the accounts was for compliance with accounting standards and the Companies Act, and no real income accrued to the debenture holders. The assessee's financial position and the waiver of the liability by the debenture holders were considered, leading to the conclusion that the assessee was not responsible for paying income on securities to debenture holders.

4. The Tribunal upheld the CIT(A)'s findings, dismissing the Revenue's appeals for all assessment years in question. The Tribunal found that the assessee had not committed any default in deducting tax at source under section 193, as no income accrued to the debenture holders. The Tribunal supported the CIT(A)'s decision to grant relief to the assessee based on the unique circumstances of the case, upholding the orders for all assessment years.

5. In conclusion, the Tribunal dismissed all four appeals filed by the Revenue, affirming the CIT(A)'s decisions to grant relief to the assessee regarding non-deduction of tax at source on interest debited to the Profit & Loss Account for debentures and the assessment of tax liability under sections 201(1) and 201(1A) of the Income-tax Act, 1961.