2020 (3) TMI 224 - AT - Income Tax

TDS u/s 194I - Levy of interest u/s 201(1A) - lease rent paid to New Okhla Industrial Development Authority (NOIDA) on which tax was not deducted by the assessee company - HELD THAT - It was the responsibility of the assessee to furnish documentary evidence in support that the NOIDA has paid tax to the Income-Tax department on lease rental income i.e. for the amount of the tax which was deductible on lease rental payment under reference along with the interest. If the said interest has already been paid by the NOIDA no recovery can be made from the assessee for the said amount of the interest. Rajesh Projects (India) Ltd. versus CIT 2017 (2) TMI 1109 - DELHI HIGH COURT as directed that if the basic liability along with interest to be paid by the GNOIDA has been satisfied no recovery shall be pursued from the buyer. In view of the facts and circumstances we feel it appropriate to restore this issue to the file of the Learned Assessing Officer with the direction to verify whether the NOIDA has made payment of the basic TDS liability along with the interest due thereon. The assessee shall cooperate and provide the relevant information required by the Assessing Officer. If after verification it is found that the basic TDS liability and interest thereon has already been paid by the NOIDA then no such liability shall be raised on the assessee. Accordingly we restore this issue to the file of the Assessing Officer with above directions in both the appeal before us - Appeals of the assessee allowed for statistical purposes.

Summary

Issues:
Levy of interest under section 201(1A) of the Income Tax Act for Assessment Year 2012-13 and 2013-14 on lease rent paid to New Okhla Industrial Development Authority (NOIDA) without deduction of tax at source.

Analysis:
1. The appeals were filed by the assessee against orders upholding the liability under section 201(1) and 201(1A) of the Income Tax Act for Assessment Year 2012-13 and 2013-14 by the Commissioner of Income Tax (Appeals).
2. The grounds raised in both appeals were similar, challenging the liability to pay interest under section 201(1A) for non-deduction of tax at source on lease premium payments to NOIDA.
3. The main issue was the levy of interest under section 201(1A) for TDS amounts of &8377; 13,51,205/- and &8377; 6,32,310/- for Assessment Year 2012-13 and 2013-14 respectively on lease rent paid to NOIDA without deduction of tax.
4. The Assessing Officer held the assessee as assessee-in-default and created a liability for TDS and interest, leading to appeals before the CIT(A) who deleted the TDS liability but directed re-computation of interest under section 201(1A).
5. The assessee argued that the liability should be on NOIDA based on a Delhi High Court judgment, while the Revenue supported the CIT(A)'s decision.
6. The ITAT referred to the Delhi High Court judgment in a similar case involving Greater NOIDA and outlined four situations where liability for TDS and interest was clarified.
7. The CIT(A) directed the AO to re-calculate interest under section 201(1A) but reduce the demand under section 201(1) to the extent NOIDA paid tax, leading the ITAT to restore the issue to the AO for verification.
8. The ITAT emphasized the need for the assessee to provide evidence that NOIDA paid the tax and interest, and if verified, no liability should be raised on the assessee.
9. Consequently, the appeals were allowed for statistical purposes, and the issue was remanded to the AO for further verification.

Conclusion:
The ITAT decision focused on the liability of interest under section 201(1A) of the Income Tax Act for non-deduction of tax at source on lease rent payments to NOIDA. The judgment highlighted the need for the assessee to prove that NOIDA paid the tax and interest to avoid the liability. The case was remanded to the Assessing Officer for verification, emphasizing the importance of providing relevant evidence to support the claim.