2013 (1) TMI 539 - AT - Income Tax

Non deduction of TDS on Ground Rent - Whether the payments towards rent of the ground along with other facilities requiring deduction of tax at source u/s 194I or the payments are for works contract as per section 194C? - Held that - Before coming to a definite conclusion on this issue, it is very much necessary to ascertain the exact nature of payment and the services rendered or facilities provided for which such payment was made. As find from the order of the AO that he has not made any endeavour to ascertain the correct fact by taking necessary enquiry either with the BCCI or HCA for finding out the true character of the payment made. At the same time, the CIT (A) was also not justified in presuming the payments to be in the nature of work contract falling u/s 194C when she herself has observed that the claim of the assessee cannot be accepted since the payment could not have been just on the basis of debit note and there might have been an agreement either oral or written for providing the particular services. Thus the CIT (A) was not justified in directing the AO to consider the payment u/s 194C and accordingly calculate tax and interest u/s 201(1)& 201(1A). The order of the CIT (A) is modified to this extent only. However, it is proper to remit the matter to the file of the AO for determining the issue afresh after conducting necessary enquiry affording a reasonable opportunity of being heard to the assessee - in favour of assessee for statistical purposes.

Summary

Issues:
- Whether the expenditure incurred by the assessee towards use of the ground along with other facilities should be treated as rent attracting TDS provisions under section 194I or as a works contract under section 194C of the Income Tax Act.

Analysis:
1. The appeal was filed by the Revenue against the order passed by the CIT (A) pertaining to the assessment year 2009-10. The dispute revolved around the expenditure incurred by the assessee, a franchise for BCCI IPL T20 cricket matches, towards various payments, including Rs. 32 lakhs paid to Hyderabad Cricket Association (HCA) for ground rent. The AO treated this payment as rent attracting TDS provisions under section 194I, resulting in the assessee being treated as an assessee in default for not deducting tax at source.

2. The CIT (A) considered the contentions raised by the assessee, who claimed that the payment was not for ground rent but for reimbursement of expenses incurred for various services related to the cricket matches. The CIT (A) observed discrepancies in the assessee's claims regarding payments made for generator expenses and noted the absence of a formal agreement between the parties for the services provided. The CIT (A) rejected the contention that the payment was solely based on the debit note raised by HCA, instead inferring that the payment was for a works contract falling under section 194C.

3. During the hearing, the Revenue argued that the contract between the assessee and HCA was a composite contract for the use of the cricket ground, thus constituting rent under section 194I. On the other hand, the assessee reiterated that the payment was for reimbursement of expenses and not for the use of the ground.

4. The ITAT Hyderabad, after hearing both parties, concluded that the nature of the payment needed further clarification and investigation. It was noted that neither the AO nor the CIT (A) had adequately ascertained the exact nature of the payment and the services provided. The ITAT held that the CIT (A) was not justified in directing the AO to consider the payment under section 194C without sufficient evidence or enquiry. The matter was remitted back to the AO for a fresh determination after conducting necessary enquiries and providing the assessee with a reasonable opportunity to present their case.

5. Consequently, the ITAT allowed the appeal for statistical purposes, emphasizing the importance of determining the exact nature of the payment and services rendered before applying the relevant TDS provisions under the Income Tax Act.