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2015 (4) TMI 1254 - AT - Income TaxApplication of Blanket Rate of Tax - computation of tax based on different rates in the assessment orders - computation of tax on royalty income - India-USA DTAA Treaty - Held that - Hon ble Apex Court in the case of CIT v. Vegetable Products Ltd. (1973 (1) TMI 1 - SUPREME COURT) has held that where a provision in the taxing statute is capable of two reasonable interpretations, the view favourable to the assessee is to be preferred. We are of the considered opinion that the computation of tax by the assessee in respect of royalty income is to be accepted. In this view of the matter, the grounds of appeal raised at S. Nos.2,3,4 and 5 are accordingly allowed. Following the directions of this co-ordinate bench of this Tribunal in the assessee s own case for Assessment Year 2007-08 in IBM World Trade Corpn s case (2012 (5) TMI 58 - ITAT BANGALORE ), on identical facts and issues, we hold and direct that the computation of tax submitted by the assessee in respect of royalty income is to be accepted. In this view of the matter, the grounds of appeal raised at S.Nos.2 to 8 are accordingly allowed. Levy of interest u/s.234B - Held that - Tribunal in the assessee s own case for Assessment Year 2007-08, with which we do not find any reason to differ as it was on similar facts and issues, we hold that the assessee is not liable to be charged interest under Section 234B of the Act. Penalty u/s 271(1)(c) - Held that - We find that since no penalty thereunder has been levied on the assessee in the impugned order of assessment for Assessment Year 2008-09, no cause of grievance arises therefrom in respect of the assessee, requiring our adjudication. In this factual matrix, this ground raised by the assessee is not maintainable
Issues Involved:
1. Application of blanket rate of tax. 2. Levy of interest under Section 234B of the Income Tax Act. 3. Non-grant of credit for TDS. 4. Initiation of penalty proceedings under Section 271(1)(c) of the Act. Detailed Analysis: 1. Application of Blanket Rate of Tax: The primary issue raised by the assessee was the application of a blanket rate of 15% tax on the total income by the Assessing Officer (AO) and the Dispute Resolution Panel (DRP), disregarding the fact that a portion of the income was liable to tax at a lower rate of 10.5575% as per Section 115A of the Income Tax Act. The assessee argued that the tax rates should be applied based on the specific agreements and the corresponding provisions of the Double Taxation Avoidance Agreement (DTAA) between India and the USA. The Tribunal noted that the identical issue had been considered in the assessee's own case for the Assessment Year 2007-08, where it was held that the computation of tax by the assessee in respect of royalty income should be accepted. The Tribunal reiterated that the provisions of Section 115A concerning the taxability of royalty income are separate and independent, and the assessee is justified in comparing the rates under the Act and the DTAA to determine the beneficial rate. Consequently, the grounds of appeal related to the application of blanket tax rates were allowed. 2. Levy of Interest under Section 234B of the Act: The assessee challenged the levy of interest under Section 234B, arguing that it was not liable for such interest as the entire income was subject to withholding tax provisions. The Tribunal referred to its earlier decisions in the assessee's own case for the Assessment Years 2003-04 to 2007-08, where it was held that the assessee was not liable to be charged interest under Section 234B. The Tribunal found no reason to deviate from these decisions and held that the assessee is not liable to be charged interest under Section 234B for the Assessment Year 2008-09. Thus, the grounds related to the levy of interest were allowed. 3. Non-Grant of Credit for TDS: The assessee raised a ground regarding the non-grant of credit for TDS amounting to Rs. 29,86,06,708. However, during the appellate proceedings, the assessee submitted that this ground was not being pressed as the Assessing Officer had allowed credit for the same as per a rectification order under Section 154 of the Act. Consequently, this ground was rendered infructuous and dismissed. 4. Initiation of Penalty Proceedings under Section 271(1)(c) of the Act: The assessee also challenged the initiation of penalty proceedings under Section 271(1)(c) by the issue of notice under Section 274 rws 271. The Tribunal noted that since no penalty had been levied in the impugned order of assessment, no cause of grievance arose for the assessee. Therefore, this ground was found to be not maintainable and dismissed as infructuous. Conclusion: The appeal was partly allowed, with the Tribunal accepting the assessee's computation of tax rates for royalty income and holding that the assessee was not liable for interest under Section 234B. The grounds related to non-grant of TDS credit and initiation of penalty proceedings were dismissed as infructuous.
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