2025 (2) TMI 118 - AT - Income Tax

TDS u/s 194IC - payment of compensation towards alternative accommodation - assessee has booked expenses under the head Rent to Tenant SRA in its profit and loss account for the year under consideration - HELD THAT - We find that a similar issue came up for consideration before Tribunal in Nathani Parekh Construction Pvt. Ltd. 2024 (7) TMI 1591 - ITAT MUMBAI wherein while deciding the issue in favour of the taxpayer held that alternate accommodation charges/rent cannot be treated as consideration paid as part of share in land and building or both under the specified agreement and therefore would not fall within the provisions of section 194-IC of the Act. CIT(A) is correct in deleting the tax and interest levied under section 201(1) and section 201(1A) - Decided in favour of assessee.

Summary

ISSUES PRESENTED and CONSIDERED

The core legal issue considered by the Tribunal was whether the assessee was liable to deduct tax at source under section 194-IC of the Income Tax Act, 1961, on payments made as compensation for alternative accommodation to tenants displaced due to redevelopment activities. The Tribunal examined whether these payments constituted "consideration" under a "specified agreement" as defined in section 45(5A) of the Act, thus attracting TDS obligations.

ISSUE-WISE DETAILED ANALYSIS

Relevant Legal Framework and Precedents

The primary legal provisions under consideration were sections 194-IC and 45(5A) of the Income Tax Act, 1961. Section 194-IC mandates tax deduction at source on any sum paid as consideration under a specified agreement, as defined in section 45(5A), which pertains to capital gains arising from the transfer of a capital asset under such agreements.

Precedents considered included the decision of the Co-ordinate Bench in Nathani Parekh Constructions Pvt. Ltd. vs. ITO, which dealt with similar issues of compensation for alternative accommodation and its classification under the Act.

Court's Interpretation and Reasoning

The Tribunal interpreted the term "consideration" within the context of section 194-IC and section 45(5A). It concluded that "consideration" should be understood as payments made as part of a share in land or building under a specified agreement. The Tribunal noted that the payments in question were compensation for hardship due to displacement, not consideration for a share in land or building.

Key Evidence and Findings

The Tribunal found that the payments were made to tenants for temporary alternate accommodation due to redevelopment, as per the terms of the development agreement. The agreement specified that such payments were not to be made if tenants opted for their own accommodation elsewhere, indicating the payments were for temporary housing needs rather than part of a capital asset transfer.

Application of Law to Facts

The Tribunal applied the legal definitions and precedents to the facts, determining that the payments did not qualify as "consideration" under a specified agreement. The payments were classified as compensation for hardship due to displacement, and thus, did not attract TDS under section 194-IC.

Treatment of Competing Arguments

The Revenue argued that the payments should be considered as rental compensation under section 194-IC, citing the development agreement's terms. However, the Tribunal favored the assessee's argument, supported by the precedent in Nathani Parekh Constructions Pvt. Ltd., that the payments were for temporary accommodation and did not constitute consideration under the specified agreement.

Conclusions

The Tribunal concluded that the assessee was not liable to deduct TDS under section 194-IC for the payments made as compensation for alternative accommodation. The payments were not considered as part of the consideration for a transfer of a capital asset under a specified agreement.

SIGNIFICANT HOLDINGS

The Tribunal upheld the decision of the learned CIT(A), which aligned with the precedent set in Nathani Parekh Constructions Pvt. Ltd. The Tribunal reiterated that payments for alternate accommodation or hardship allowance do not fall within the ambit of section 194-IC as they are not part of the consideration for a share in land or building under a specified agreement.

Key legal reasoning included the interpretation that compensation for temporary accommodation due to redevelopment does not equate to consideration for a capital asset transfer. The Tribunal emphasized that the term "consideration" in section 194-IC should be limited to payments related to a share in land or building, not temporary housing compensation.

The Tribunal dismissed the appeals filed by the Revenue for both assessment years, affirming that the assessee was not in default under section 201(1)/201(1A) for non-deduction of TDS on the payments in question.