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2015 (11) TMI 409 - HC - Income TaxNon deduction of TDS u/s 194A - Loan amount raised from the State Government and the interest payable to the Government - whether the issue is covered under Section 196(i) of the Act? - Held that - The assessee was unable to show from the perusal of Annexures A-4 and A-5 appended along with the appeal that the payment of interest was made to the Government except to repeat that the corpus fund was created by the Government from which the loan was advanced to the appellant. A perusal of Annexure A-4 shows that it is a certificate issued by the PAIC that the corpus fund belong to the State Government of Punjab and an income arising out of it belonged to the Government of Punjab. Annexure A-4 is a self-serving certificate issued without any corroboration from any supporting material. Annexure A-5 also does not advance the case of the appellant as it is the minutes of meeting of Corpus Fund Committee only. Thus, it cannot be said that the interest paid by the appellant was to the Government and would fall under Section 196(i) of the Act. - Decided against assessee.
Issues:
1. Interpretation of Section 196(i) of the Income Tax Act, 1961 regarding tax deduction on interest payable to the Government. 2. Assessment of tax liability for short deduction of tax at source under Sections 194A, 194C, 194I, and 194J of the Act. 3. Determination of loan source and interest payment to the Government by the appellant. Issue 1: Interpretation of Section 196(i) of the Income Tax Act, 1961 The appellant challenged the order of the Income Tax Appellate Tribunal, claiming that the interest paid was to the Government, thus falling under Section 196(i) of the Act, exempting tax deduction. The Tribunal upheld the CIT(A)'s decision that there was no evidence proving the loan source from the Government or interest payment to the Government. The Tribunal directed the Assessing Officer to determine the applicable TDS rate. The appellant's counsel argued that the corpus fund was created by the Government, but the court found no concrete evidence supporting the claim. The court emphasized that mere certificates and meeting minutes were insufficient to establish payment of interest to the Government under Section 196(i) of the Act. Issue 2: Assessment of Tax Liability for Short Deduction of Tax at Source The case involved the appellant's failure to deduct tax at source under Sections 194A, 194C, 194I, and 194J of the Act. The Assessing Officer raised a demand for short deduction of tax, including interest. The CIT(A) partially allowed the appeal, but the Tribunal upheld the order, leading to the current appeal. The CIT(A) noted that the appellant had provisioned interest in its accounts without deducting TDS. The Tribunal affirmed the CIT(A)'s decision, emphasizing the lack of documentary evidence proving the loan source from the Government and interest payment to the Government. The Tribunal remanded the matter to determine the TDS rate, ultimately dismissing the appellant's appeal. Issue 3: Determination of Loan Source and Interest Payment to the Government The appellant contended that the interest paid was to the Government, exempting it from tax deduction under Section 196(i) of the Act. However, the court found no substantial evidence supporting this claim. The court highlighted that the appellant failed to demonstrate that the loan was raised from the Government and interest was payable to the Government. The certificates and meeting minutes provided were deemed insufficient to establish the interest payment to the Government. Consequently, the court dismissed the appeal, concluding that no substantial question of law arose in the case. In conclusion, the High Court dismissed the appeal by the assessee, emphasizing the lack of concrete evidence to support the claim that the interest paid was to the Government, falling under Section 196(i) of the Income Tax Act, 1961. The court upheld the decision of the Tribunal and CIT(A) regarding the tax liability for short deduction of tax at source, highlighting the absence of documentation proving the loan source and interest payment to the Government.
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