2009 (3) TMI 7 - HC - Income Tax

Allegation that assessee had failed to deduct tax u/s 194J in respect of payments made to its subsidiary - order passed by AO u/s 201(1) and 201(1A) has been set aside by ITAT - As found by the Tribunal, the assessee had only acquired rights in the TV serial & there is nothing to suggest that the payments made by the assessee to subsidiary was a fee for technical services within the meaning of Section 194J - Tribunal rightly set aside the orders concluding that Section 194J was not applicable

Summary

Issues:
1. Condonation of delay in filing appeals.
2. Exemption application in one of the appeals.
3. Challenge to a common order by the Revenue.
4. Interpretation of Sections 201(1) and 201(1A) of the Income Tax Act, 1961.
5. Application of Section 194J regarding technical services.
6. Application of Section 194H regarding commission payments.
7. Dismissal of appeals without any substantial question of law.

Condonation of Delay and Exemption Application:
The Court allowed the condonation of delay in refiling the appeals and granted exemption subject to all just exceptions. The applications were disposed of accordingly.

Challenge to Common Order by the Revenue:
The Revenue challenged a common order passed by the Income Tax Appellate Tribunal concerning assessment years 2000-01 and 2001-02. The Revenue contested the setting aside of the Assessing Officer's order under Sections 201(1) and 201(1A) and the upholding of the Commissioner of Income Tax (Appeals) order.

Interpretation of Sections 201(1) and 201(1A):
The Assessing Officer found the assessee failed to deduct tax under Section 194J for payments to its subsidiary and under Section 194H for payments to advertising agencies. The Tribunal and CIT(A) concluded that the assessee did not owe tax under these sections based on the nature of payments made.

Application of Section 194J - Technical Services:
The Tribunal and CIT(A) determined that the payments made by the assessee were not for technical services but for acquiring rights in a TV serial and free commercial time. The Court agreed with this finding, stating that the payments were not for technical services as defined under Section 194J.

Application of Section 194H - Commission Payments:
The CIT(A) and ITAT found that the payments retained by advertising agencies were trade discounts and not commissions, leading to the conclusion that Section 194H did not apply. The Assessing Officer's view was deemed untenable, and no interference was warranted based on factual findings.

Dismissal of Appeals without Substantial Question of Law:
The Court dismissed the appeals as no substantial question of law arose for consideration based on the findings and conclusions reached by the Tribunal and CIT(A). The judgments were upheld, and the appeals were dismissed.