2019 (4) TMI 2070 - HC - Income Tax

Income accrued in India - distribution revenue (subscription charges) - income taxable u/s 44DA - why the said amount should not be treated as royalty income u/s 44DA as assessee is having dependent agent PE and itself offered income in its hand on net basis? - Tribunal held that such amount cannot be added separately because it had been already included in the pool and in the combined rate of 27.18% (PSM), therefore retaining this amount would amount to double taxation - HELD THAT - We gather that the Tribunal is correct is making the above observations. We notice that there is no dispute about the quantification of 50% of total distribution. The assessee having disputed the income arising out of such revenue collection and Tribunal having accepted the same, the department is not in Appeal against such decision of the Tribunal. No question of law therefore arises. Pay interest under section 234B on non deduction of tax at source - HELD THAT - The assessee being the payee, relies on the decision of this Court in case of Director of Income Tax (international Taxation) Vs. NGC Network Asia LLC, 2009 (1) TMI 174 - BOMBAY HIGH COURT . Apart from the said judgment, we note that if the revenue s first question is not entertained, the applicability of question of interest under section 234B of the Act would have of must similar grounds. In any case, when the decision of Bombay High Court covers the field, we do not see any reason to entertain the Appeal.

Summary

Issues:
1. Taxability of distribution revenue under section 44DA
2. Applicability of interest under section 234B of the Income Tax Act

Analysis:

Issue 1: Taxability of distribution revenue under section 44DA
The appeal before the Bombay High Court concerned the taxability of distribution revenue of a registered company engaged in television channel distribution for the assessment year 2007-2008. The main contention was whether the distribution revenue of Rs.124,82,45,000 should be treated as royalty income under section 44DA. The Tribunal had already taxed 50% of the revenue in the hands of the assessee on a protective basis, with the remaining 50% taxed in the hands of the channel companies. The Tribunal held that including this amount separately would result in double taxation, as it had already been included in the total pool at a combined rate of 27.18%. The High Court concurred with the Tribunal's observations, noting that there was no dispute regarding the quantification of 50% of the total distribution revenue. Since the department did not appeal against the Tribunal's decision to tax the income arising from the revenue collection, the High Court found no question of law to be entertained on this issue.

Issue 2: Applicability of interest under section 234B of the Income Tax Act
The second issue revolved around whether the petitioner was liable to pay interest under section 234B for non-deduction of tax at source. The assessee, as the payee, relied on a previous judgment of the Bombay High Court in the case of Director of Income Tax (International Taxation) Vs. NGC Network Asia LLC. The High Court noted that if the first question regarding taxability under section 44DA was not entertained, the issue of interest under section 234B would have similar grounds for applicability. Given that the Bombay High Court's decision covered the relevant legal aspects, the High Court found no reason to entertain the appeal on this matter. Consequently, the Income Tax Appeal was dismissed by the High Court.

In conclusion, the High Court upheld the Tribunal's decision regarding the taxability of distribution revenue and the applicability of interest under section 234B, dismissing the appeal filed by the revenue.