2006 (3) TMI 106 - HC - Income Tax

Respondent did not deduct the tax at source on the salaries paid to the expatriate employees outside India and thereby committed a default of its obligation under section 192 of the Act. Penalty proceedings under section 271C of the Act were initiated against the assessee - assessee contended that it had a reasonable cause within the meaning of section 273B of the Act for not making the deductions. The Tribunal has accepted that contention and deleted the penalties holding that there indeed was a reasonable cause for the non-deduction of tax at source in terms of section 192 - Just because one of the employees of the respondent-company had made a VDIS declaration in which the income earned by him outside India was also declared for purposes of tax did not negate the effect of the other circumstances which constituted a reasonable cause for the assessee not to make the deduction. whether or not there was no reasonable cause within the meaning of section 271C is a question of fact on which the Tribunal has recorded a finding - In the absence of any perversity in the said finding we are of the opinion that no substantial question of law arises for our consideration

Summary

Issues:
Salaries paid outside India to expatriate employees - Tax deduction at source under section 192 of Income-tax Act, 1961 - Penalty under section 271C - Reasonable cause under section 273B for non-deduction - Comparison with previous cases - Voluntary disclosure by an employee affecting the decision.

Analysis:
The High Court of Delhi addressed the issue of whether salaries paid by the respondent to expatriate employees outside India were subject to tax in India and if tax deduction at source under section 192 of the Income-tax Act, 1961 was mandatory. The respondent failed to deduct tax on such payments, leading to penalty proceedings under section 271C for various financial years. The Commissioner of Income-tax (Appeals) upheld the penalties, which were later challenged before the Tribunal. The Tribunal accepted the respondent's contention of having a reasonable cause, as per section 273B, for not making the deductions, citing circumstances where Japanese companies collectively dealt with Revenue authorities on the issue. The Tribunal noted previous cases where similar circumstances justified non-deduction of tax and consequent penalty deletion. The Tribunal emphasized the voluntary payment of tax and interest by the companies after the issue was resolved as a reasonable cause for non-deduction.

The Revenue argued that a voluntary disclosure made by one employee of the respondent, including income earned outside India, distinguished the present cases from previous ones. However, the Tribunal rejected this argument, emphasizing that other circumstances, such as confusion regarding tax liability on payments to expatriate employees, were similar to previous cases. The High Court agreed with the Tribunal's finding that the existence of a reasonable cause under section 271C is a factual determination. Since there was no perversity in the Tribunal's finding, the High Court concluded that no substantial question of law arose, leading to the dismissal of the appeals.

In conclusion, the High Court upheld the Tribunal's decision regarding the reasonable cause for non-deduction of tax at source on salaries paid outside India to expatriate employees. The Court emphasized the importance of the circumstances surrounding the non-deduction, including voluntary payment of tax and interest after resolution of the issue. The comparison with previous cases and the rejection of the Revenue's argument regarding a voluntary disclosure by an employee were key factors in the Court's decision to dismiss the appeals.