2008 (3) TMI 48 - HC - Income Tax

TDS - where the payment is for a work involving broadcasting and telecasting, the same shall be subject to deduction of tax at source in terms of Section 194 of the Act - appellant can be treated as assessee in default for non deduction of tax at source on account of his bona fide belief that he is not liable to deduct tax at source and the payee has discharged his liability on the income so received from the payer

Summary

Issues:
1. Applicability of Section 194 C of the Income Tax Act, 1961.
2. Treatment of the appellant/assessee as an assessee in default without inquiring about the payee's tax liability.
3. Treatment of appellant as an assessee in default for non-deduction of tax at source.
4. Charging of interest under Section 201(1A) for failure to deduct tax.

Analysis:
Issue 1: The court examined whether Section 194 C of the Income Tax Act, 1961 applied to the case. The appellant, a cable network operator, argued that the payments were made to licensers, not TV channels directly. However, the court held that the payments for obtaining TV signals for distribution through the cable network fell under the purview of Section 194 C, as the licensers were involved in broadcasting and telecasting.

Issue 2: The court considered whether the appellant could be treated as an assessee in default without verifying the payee's tax liability. The appellant contended that they were not liable to deduct tax at source as they were subscribers to programs already broadcasted by TV channels. However, the court found that the payments made to licensers for obtaining TV signals constituted broadcasting and telecasting work, thus requiring tax deduction at the source.

Issue 3: The court evaluated whether the appellant could be considered an assessee in default for non-deduction of tax at source. The appellant argued that their belief of not being liable to deduct tax was bona fide. Nonetheless, the court upheld that the appellant, as a cable network operator, was obligated to deduct tax under Section 194 C for payments made to licensers for broadcasting services.

Issue 4: The court analyzed whether interest could be charged under Section 201(1A) due to the appellant's failure to deduct tax. The appellant claimed a bona fide belief in not being liable to deduct tax. However, the court ruled that the appellant's payments to licensers for broadcasting services fell under the scope of tax deduction, leading to the dismissal of the appeals.

In conclusion, the court dismissed the appeals, upholding the applicability of Section 194 C to the appellant's transactions with licensers for TV signals distribution, emphasizing the obligation to deduct tax at the source for such payments.