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2017 (8) TMI 1717 - AT - Income TaxTDS u/s 194C - TDS not paid on External Development Charges to GMADA - 'assessee in default' under the provisions of Section 201(1) 201(1A) - HELD THAT - We have gone through the factual material available on record and found that such payments are out of legal obligations rather than contractual arrangements, and it is only when payments are made in pursuance of a contract that the provisions of section 194C come into play. The contract may be oral or written, express or implied but there must be a contract nevertheless. In the present case, however, the payment is on account of legal obligation. We have further gone through the order of the Ld. CIT (A) for the AY 2013-14 in the case of the assessee where in it was held the assessee is not liable to deduct TDS on the EDC payments. On the factual matrix of the assessee these payments do not fall under the category of contractual payment and hence assessee is not liable to TDS under section 194C. Decided in favour of assessee.
Issues:
- Appeal against order under section 250(6) of the Income Tax Act, 1961 - Treatment of the assessee as 'assessee in default' under Section 201(1) & 201(1A) - Requirement to deduct TDS under Section 194C on payments of External Development Charges (EDC) - Charging of interest under Section 201(1A) - Applicability of Section 194C to EDC charges paid to GMADA Analysis: 1. The appellant challenged the order passed by the Ld. CIT (A) under section 250(6) of the Income Tax Act, 1961. The main contention was that the order was contrary to law and facts of the case. Additionally, the appellant raised concerns regarding being treated as 'assessee in default' under Section 201(1) & 201(1A) for not deducting TDS on payments of EDC made to GMADA. 2. The Assessing Officer noted that the EDC paid by the appellant to GMADA was considered as advance payment for civil work. It was established that EDC was charged by GMADA from private builders for infrastructure development. The Assessing Officer concluded that the payment of EDC by the appellant to GMADA falls under a service contract, obligating the appellant to deduct tax at source under Section 194C of the Income Tax Act, 1961. 3. The appellant submitted additional evidence before the Ld. CIT (A) to support their case, including a notification and RTI reply from GMADA. However, the Assessing Officer maintained that these documents did not alter the facts of the case and did not constitute additional evidence. The Ld. CIT (A) upheld the decision that the EDC payments to GMADA were contractual payments necessitating TDS deduction under Section 194C. 4. During the appeal, the appellant argued that there was no formal contract between GMADA and the assessee, thus the payment did not meet the criteria of a contractual payment. However, upon review, it was found that the payments were made due to legal obligations rather than contractual agreements. The Tribunal observed that for Section 194C to apply, payments must be made in pursuance of a contract, which was not the case here. 5. Referring to a previous order for AY 2013-14, it was established that the relationship between the appellant and GMADA did not align with the principal-service provider dynamic required for Section 194C applicability. The decision-making authority for developmental activities lay with GMADA, indicating that the EDC payments were more of a levy for specific development purposes rather than contractual payments. Consequently, the Tribunal ruled in favor of the appellant, stating that the EDC payments did not fall under the purview of Section 194C. 6. Ultimately, based on the factual matrix and legal analysis, the Tribunal allowed the appeal of the assessee, emphasizing that the EDC payments to GMADA did not constitute contractual payments, thereby absolving the assessee from the obligation to deduct TDS under Section 194C.
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