2015 (11) TMI 1765 - AT - Income Tax

TDS u/s 194I or 194C - Short deduction of tds - contract for carrier coming within the provisions OR hire simplicteor coming within the provisions - Held that - The contract entered between the assessee and the ship owners are not placed on record though there is a reference to some of the clauses of contract in the order passed u/s 201(1) and 201(1A). We find the issue has not properly deliberated by both the AO and the CIT(A) with regard to the contract entered between the assessee and the ship owners. Therefore, for a proper appraisal of the issue and in the interest of justice and equity, we are of the view that the matter needs to be examined by the ACIT(TDS) afresh. ACIT(TDS) shall examine the contract entered between the assessee and the ship owners, which is the basis for making payment of charter hire charges. ACIT(TDS) on examination of the agreement/contract shall determine whether it is a case of contract of carrier coming within the ambit of sec. 194C or hire simplictor and whether such hiring of ships come under the provisions of section 194-I of the Act. The ACIT(TDS) shall expeditiously dispose of the matter in accordance with law as indicated above after affording reasonable opportunity of being heard to the assessee

Summary

Issues:
- Interpretation of sections 194-I and 194-C of the Income Tax Act regarding charter hire charges.
- Determination of whether charter hire charges paid by the assessee attract TDS provisions.
- Examination of the contract between the assessee and ship owners to ascertain the nature of the transaction.

Analysis:

Issue 1: Interpretation of Sections 194-I and 194-C
The case involved an appeal against the CIT(A)'s order regarding the applicability of sections 194-I and 194-C of the Income Tax Act to charter hire charges paid by the assessee. The dispute centered around whether the payments for hiring ships fell under the definition of 'rent' as per section 194-I or were to be treated as a contract for carrier services under section 194-C. Both the revenue and the assessee raised arguments based on the interpretation of these sections.

Issue 2: Determination of TDS Provisions on Charter Hire Charges
The Assistant Commissioner of Income Tax (TDS) contended that the charter hire charges paid should attract TDS provisions under section 194-I, and since the assessee failed to deduct tax at source, they were liable under sections 201(1) and 201(1A) of the Act. The ACIT(TDS) rejected the assessee's argument that the hiring of ships did not fall under section 194-I. The CIT(A) partially allowed the assessee's appeal, holding that section 194-C applied instead of section 194-I.

Issue 3: Examination of Contract Between Assessee and Ship Owners
The Tribunal emphasized the importance of examining the contract between the assessee and the ship owners to determine the nature of the transaction accurately. The Tribunal noted that the contract details were not adequately deliberated by the assessing officer and the CIT(A). Therefore, the Tribunal directed the ACIT(TDS) to reexamine the contract to ascertain whether it constituted a contract for carrier services under section 194-C or a simple hire of ships falling under section 194-I. The ACIT(TDS) was instructed to make a decision after a thorough review of the agreement and provide a fair opportunity for the assessee to present their case.

In conclusion, the Tribunal allowed the appeals filed by both the revenue and the assessee, along with the cross objections filed by the assessee, for statistical purposes. The matter was remanded back to the ACIT(TDS) for a fresh examination of the contract between the assessee and the ship owners to determine the correct application of TDS provisions under the Income Tax Act.