2018 (4) TMI 92 - HC - Income Tax

Credit of TDS - loss return - no tax liability - AO observed that corresponding receipt had not been offered to tax - Held that - On a conjoint reading of Sections 194C, 199 and 237 of the Act, this Court has held that when there was no liability to pay the tax, the TDS paid was liable to be refunded. No reason to interfere in the order of the Tribunal directing the Assessing Officer to allow the credit in respect of the TDS in question. - Decided against revenue.

Summary

Issues:
1. Disallowance of interest expenditure and credit for TDS.
2. Interpretation of Section 199(2) of the Income Tax Act.
3. Applicability of previous court judgments.
4. Refund of TDS when there is no liability to pay tax.

Analysis:
1. The case involves a dispute regarding disallowance of interest expenditure and refusal to give credit for TDS by the Assessing Officer. The Tribunal overturned the disallowance of TDS credit based on a previous judgment in a similar case. The revenue appealed against this decision, arguing that the Tribunal erred in directing the assessing officer to give credit for TDS. The High Court found no error in the Tribunal's decision based on the applicable law and upheld the order.

2. The Assessing Officer disallowed the credit for TDS based on Section 199(2) of the Income Tax Act, which states that such credit cannot be allowed when the corresponding receipt has not been offered to tax. The revenue contended that a combined reading of Section 194-C, Section 199, and Rule 37B of the Act mandates giving credit for TDS for the relevant assessment year. However, the High Court upheld the Tribunal's decision, finding no error in allowing the TDS credit based on previous court judgments and the specific facts of the case.

3. The High Court referred to a previous judgment in the assessee's own case for the Assessment Year 2002-2003, where it was held that TDS paid is liable to be refunded when there is no liability to pay tax. The Court emphasized that if there was no income liable to tax, the TDS paid should be refunded. Based on this precedent, the High Court concluded that the principles from the previous judgment applied to the current case, supporting the Tribunal's decision to allow the TDS credit.

4. The Court reiterated the previous judgment's reasoning that when the assessee had suffered a loss and there was no income liable to tax, the TDS paid should be refunded. The Court emphasized the applicability of Sections 194C, 199, and 237 of the Act in determining the refund of TDS when there is no tax liability. Therefore, the High Court dismissed the revenue's appeal, affirming the Tribunal's decision to allow the credit for TDS in question based on the specific circumstances and legal principles involved.