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2022 (9) TMI 1250 - AT - Income TaxTDS u/s 194LD - assessee has invested in rupee denominated non-convertible debentures ('NCDs') of Indian companies from which interest income accrued to the assessee during the subject year offered to tax by the assessee @ 5% in accordance with section 194LD r.w.s. 115A(1)(a)(iiab) - whether debenture should be considered as Bond in absence of any definition of this term in Income-tax Act? - AO took a view that Section 194LD is applicable only in case of interest' from rupee denominated bonds ('RDBs') of Indian company or a Government security whereas the assessee has earned interest from NCD and therefore, a concessional rate of 5% as mentioned in section 194LD was not available thereon - HELD THAT - We find that the issue is covered in favour of the assessee in the case of DIT Vs. Shree Visheshwar Nath Memorial Public Ch. Trust 2010 (8) TMI 435 - DELHI HIGH COURT When ld. DR for the Revenue was asked whose exposition on the meaning of word debenture should prevail. She fairly agreed that it is Hon ble jurisdictional High Court order which is to be followed. Accordingly, respectfully following the precedent, we set aside the orders of the Revenue authorities and decide the issue in favour of the assessee.
Issues:
1. Whether debenture should be considered as Bond in absence of any definition of this term in Income-tax Act. Analysis: The appeal was against the order of the Assessing Officer dated 29.01.2022 passed under section 143(3) read with section 144C (13) of the Income-tax Act, 1961, pursuant to the directions of the Dispute Resolution Panel (DRP). The grounds of appeal raised by the assessee challenged the order of assessment, the applicability of Section 194LD of the Act, and the proposed penalty and interest proceedings. The main issue revolved around the interpretation of the term "debenture" as a bond for the purpose of taxation under Section 194LD. The assessee had invested in rupee denominated non-convertible debentures (NCDs) of Indian companies, generating interest income. The Assessing Officer contended that Section 194LD applied only to interest from rupee denominated bonds (RDBs) or Government securities, not NCDs. The assessee relied on a letter from the PCCIT, International Tax, New Delhi, suggesting that "bonds" in Section 194LD should include NCDs. However, the DRP upheld the AO's decision. During the appeal, the Tribunal referred to a High Court decision that clarified the term "debenture" by equating it with "bond" based on the Companies Act, 1956 definition. The Tribunal noted that in the absence of a specific definition in the Income-tax Act, the common understanding of the term should prevail. The Revenue accepted the High Court's interpretation, leading the Tribunal to rule in favor of the assessee. As a result, the Tribunal allowed the appeal, setting aside the orders of the Revenue authorities and deciding the issue in favor of the assessee. The judgment highlighted the importance of interpreting terms based on common understanding in the absence of specific definitions in the statute. In conclusion, the Tribunal's decision clarified the classification of debentures as bonds for taxation purposes, emphasizing the significance of common parlance in interpreting terms not explicitly defined in the law. The judgment underscored the need for consistency in applying legal interpretations, especially when guided by precedent set by higher courts.
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