2016 (2) TMI 412 - HC - Income Tax

TDS u/s 194A - non deduction of tds - provisions of Sections 201 and 201 1 attracted - whether no income accrued to the payees? - Held that - Section 194A of the Act mandates the tax deductor to deduct income tax on any income by way of interest other than income by way of interest on securities . The phrase any income and income tax thereon if read harmoniously it would indicate that the interest which finally partakes the character of income alone is liable for deduction of the income tax on that income by way of interest. If the said interest is not finally considered to be an income of the deductee as per reversal entries of the provision in the present case Section 194A 1 of the Act would not be made applicable. In view of the admitted fact that interest being not paid to the payees suppliers being reversed in the books of accounts we are of the considered opinion that there would be no liability to deduct tax as no income accrued to the payees suppliers . The provision of law existing on the relevant date of passing of the order by the TDS Officer would establish that Sections 201 and 201 1A of the Act were not applicable to the appellant s case. In the circumstances the Assessee falls outside the scope of Section 194A read with Section 200 of the Act during the relevant assessment years. Thus the consequential provisions of Section 201(1) and Section 201(1A) are not attracted. - Decided in favour of assessee

Issues Involved:
1. Justification of the Tribunal in ignoring evidence and submissions regarding the mutual agreement not to enforce the interest clause.
2. Justification of the Tribunal in upholding the levy of tax under Section 201(1) and interest under Section 201(1A) despite proven bonafides for non-deduction of tax at source under Section 194A.
3. Character of the sum for which provision was made.
4. Liability for deduction of tax at source even when no income accrued to the payees.
5. Jurisdiction of the Officer to invoke Section 201(1) and 201(1A).

Detailed Analysis:

1. Justification of the Tribunal in ignoring evidence and submissions regarding the mutual agreement not to enforce the interest clause:
The appellant argued that there was a mutual agreement with the power suppliers not to enforce the interest clause in the Power Purchase Agreement, hence no obligation to pay interest and consequently, no obligation to deduct tax at source under Section 194A. The Tribunal, however, dismissed this argument, confirming the orders passed by the Authorities, which led to the assessee's appeal before the High Court.

2. Justification of the Tribunal in upholding the levy of tax under Section 201(1) and interest under Section 201(1A) despite proven bonafides for non-deduction of tax at source under Section 194A:
The Tribunal upheld the levy of tax and interest, despite the appellant's bonafide reasons for non-deduction of tax at source. The appellant contended that since the interest was not paid and there was no income accrued to the payees, there was no liability to deduct tax. The High Court examined the applicability of Section 194A and concluded that if no income is attributable to the payee, there is no liability to deduct tax at source.

3. Character of the sum for which provision was made:
The appellant created provisions for contingent payment of interest on belated payments to suppliers during the assessment years in question. These provisions were treated as expenditure in the profit and loss account but were added back to arrive at the taxable income. The High Court noted that the provision for contingent liability does not constitute actual interest payment, thus it does not attract the definition of "interest" under Section 2(28) of the Act.

4. Liability for deduction of tax at source even when no income accrued to the payees:
The appellant argued that since the provision for interest was reversed and no actual interest was paid, no income accrued to the payees. The High Court agreed, stating that the interest which does not finally partake the character of income is not liable for deduction of income tax. Therefore, there was no liability to deduct tax as no income accrued to the payees.

5. Jurisdiction of the Officer to invoke Section 201(1) and 201(1A):
The appellant contended that the TDS Officer passed the orders based on a non-existent law during the interregnum period before the Finance Act, 2008 became effective. The High Court observed that the amendment by Finance Act, 2008, which clarified the term "any person" to include those required to deduct any sum, was not in force during the relevant assessment years. Consequently, the Tribunal's decision upholding the TDS Officer's orders was contrary to the provisions of Section 201(1) of the Act that existed at the relevant time.

Conclusion:
The High Court concluded that the Tribunal's judgment was not sustainable as the provisions of Sections 201 and 201(1A) were not applicable to the appellant's case during the relevant assessment years. The substantial questions of law were answered in favor of the assessee, and the appeals were allowed.

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