2016 (12) TMI 955 - HC - Income Tax

TDS u/s 194C or 194J - amounts paid under the contracts - whether treated as fees for professional or technical services attracting Section 194J or whether they constitute payments to contractors attracting the provisions of Section 194C - Held that - The contract entered into between the respondent and each of the contractors therefore did not involve the supply of professional or technical services at least within the meaning of Section 194J. The consideration paid under the contracts therefore was not for the professional or technical services rendered by the contractors to the respondent. Section 194J is therefore not applicable to the present case. Section 194J is not a residuary clause. In other words it is not that if a contract does not fall within the ambit of Section 194C it must be deemed to fall within the ambit of Section 194J. Sections 194C and 194J are independent provisions. In view of our finding that the contract does not fall within Section 194J the dismissal of the appeal would follow in any event. The respondent has not denied that the present case falls under Section 194C. Had the respondent contended that Section 194C is also not applicable it would have been necessary to consider whether the contract falls within the ambit of Section 194C. As the respondent has accepted that it falls within Section 194C and has complied with its obligations thereunder we refrain from deciding the issue as to whether it falls within Section 194C.

Issues Involved:
1. Applicability of Section 194C vs. Section 194J of the Income Tax Act, 1961.
2. Nature of services provided under the contract - whether they constitute professional or technical services.
3. Application of the Supreme Court judgment in Hindustan Coca Cola Beverages Pvt. Ltd. Vs. CIT.
4. Perversity of findings by ITAT regarding the nature of subcontracted activities.

Issue-wise Detailed Analysis:

1. Applicability of Section 194C vs. Section 194J:
The core issue was whether the payments made by the respondent to the contractors fell under Section 194C (payments to contractors) or Section 194J (fees for professional or technical services) of the Income Tax Act, 1961. The Assessing Officer argued that the contracts involved professional and technical services, thus attracting Section 194J. However, the CIT (Appeals) and the Tribunal found that the contracts were for work and labour, falling under Section 194C. The High Court agreed, stating that the contracts were for the erection, testing, commissioning, and trial operation of equipment, which did not constitute professional or technical services as defined under Section 194J. The court emphasized that the deployment of technical personnel was for the contractor's benefit to execute the contract, not for providing technical services to the respondent.

2. Nature of Services Provided Under the Contract:
The contracts required the contractors to provide skilled labor, supervisors, engineers, and technical staff for the erection, testing, commissioning, and trial operation of equipment. The High Court analyzed various clauses of the contract and concluded that the services provided were integral to the execution of the work contract and did not constitute independent technical services. The court noted that the technical personnel were deployed to ensure the contractor met its obligations under the contract and not to provide technical services to the respondent. The court held that merely because technical personnel were involved in the execution of the contract did not transform the nature of the contract into one for technical services.

3. Application of the Supreme Court Judgment in Hindustan Coca Cola Beverages Pvt. Ltd. Vs. CIT:
The appellant argued that even if the sub-contractors had offered the payments received to tax, the respondent could not escape the levy of interest and penalty. The High Court found this issue linked to the primary question of whether the payments fell under Section 194C or 194J. Since the court concluded that the payments were under Section 194C, this argument became irrelevant. The court did not find it necessary to delve into this issue separately.

4. Perversity of Findings by ITAT:
The appellant contended that the ITAT's findings were perverse and contrary to the material on record, arguing that the subcontracted activities involved professional and technical services. The High Court disagreed, stating that the ITAT's findings were based on a correct interpretation of the contract. The court reiterated that the contracts were for work and labor, and the involvement of technical personnel was for the contractor's benefit to fulfill its contractual obligations. The court found no perversity in the ITAT's findings and upheld them.

Conclusion:
The High Court dismissed the appeal, affirming the ITAT's decision that the payments made by the respondent to the contractors fell under Section 194C and not Section 194J. The court held that the contracts were for work and labor, and the involvement of technical personnel did not transform the nature of the contract into one for technical services. Consequently, the respondent was not deemed an assessee in default for deducting TDS under Section 194C. The court also found no merit in the appellant's arguments regarding the application of the Supreme Court judgment in Hindustan Coca Cola Beverages Pvt. Ltd. Vs. CIT and the alleged perversity of the ITAT's findings.

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