2015 (11) TMI 9 - AT - Income Tax

Credit for TDS - CIT(A) allowed the claim - main contention of the assessee s counsel is that the assessee remitted the entire subscription income to M/s. Sun TV and there is no element of income in the hands of the assessee from subscription received from other parties on behalf of M/s. Sun TV and the assessee received only commission from it - Held that - To examine the same, the Bench called for Profit and Loss account and Leger accounts to know, how the subscription received was accounted in assessee s book. The assessee s counsel filed only financial statement and not filed ledger accounts of subscription received account. Hence, we are not in a position to express any opinion whether the assessee is having any element of income from subscription charges received from various parties. Therefore, if the entire subscription received by the assessee is transferred to M/s. Sun TV and the assessee is entitled only for commission on subscription income, then the Tribunal s decision relied by the assessee s in his own case for the assessment year 2006-2007 counsel is applicable. Accordingly, we are remitting the entire issue back to the file of the Assessing Officer to consider the issue afresh in the light of the above observation - Decided partly in favour of revenue for statistical purposes.

Summary

Issues:
- Disallowance of credit for TDS by the Assessing Officer
- Interpretation of income in relation to subscription charges
- Applicability of Tribunal's decision on TDS credit

Analysis:

Issue 1: Disallowance of credit for TDS by the Assessing Officer
The Revenue appealed against the Commissioner of Income Tax (Appeals) decision to allow the assessee's claim on credit for TDS of Rs. 2,46,80,256. The Assessing Officer disallowed the credit as the income related to the TDS was not offered for assessment. The Commissioner of Income Tax (Appeals) observed that the subscription charges collected by the assessee were not its income but were collected on behalf of another entity. The Tribunal had previously ruled in the assessee's favor for a similar issue in a previous assessment year. The Commissioner directed the Assessing Officer to allow the TDS credit, leading to the Revenue's appeal.

Issue 2: Interpretation of income in relation to subscription charges
The main contention was whether the assessee had any income from subscription charges or if it was merely acting as a nodal agency for collection. The Tribunal requested detailed accounts to ascertain how the subscription income was accounted for. As the ledger accounts were not provided, the Tribunal could not conclusively determine if the assessee had any income from the subscriptions. The decision relied on by the assessee's counsel suggested that if the entire subscription amount was remitted to another entity and the assessee only received a commission, then the Tribunal's previous decision applied.

Issue 3: Applicability of Tribunal's decision on TDS credit
The Tribunal's previous decision in the assessee's favor for a different assessment year was crucial in determining the entitlement to TDS credit. The Tribunal held that since the subscription collected was not the assessee's income and was remitted to another entity, the assessee was entitled to the TDS credit. The Commissioner directed the Assessing Officer to allow the TDS credit based on this interpretation, leading to the Revenue's appeal.

In conclusion, the Tribunal partly allowed the Revenue's appeal for statistical purposes and remitted the issue back to the Assessing Officer for fresh consideration in light of the observations made regarding the nature of the subscription charges and the entitlement to TDS credit.