2018 (6) TMI 699 - AT - Income Tax

TDS u/s 194I - charge of TDS and interest on account of non-deduction of TDS - payment of land rent to Airport Authority of India Ltd. - Held that - As decided in assessee s own case for AY 2011-12 2017 (7) TMI 1144 - ITAT KOLKATA the assessee is not in default for non-deduction of TDS as the payment alleged to have been paid to AAI was in turn offered by AAI as income in its account and paid the tax - amounts alleged to have been paid to AAI does not constitute rent, therefore the application of provisions under section 194I does not arise at all. No default as amounts alleged to have been paid to AAI does not constitute rent, therefore the application of provisions under section 194I does not arise at all.- Decided in favour of assessee TDS u/s. 194A/194H - charge of TDS and interest on payment of bank guarantee commission and bank charge - Held that - As decided in assessee s own case for AY 2011-12 payments made to bank guarantee and the payments of commission paid for bank guarantee are not covered by the provisions of section 194H of the Act. In the present case, ITD Cementation India Ltd. is a sister concern of the assessee. The said sister concern arranged loan from IDBI to the assessee and the impugned amount is to be paid to IDBI towards bank guarantee, commission, bank charges and interest by the sister concern and the same were reimbursed by the assessee to its sister concern. There is no element of income in such payments - Decided in favour of assessee

Summary

Issues involved:
1. Appeal against order deleting the charge of TDS and interest on payment of land rent.
2. Appeal against order deleting the charge of TDS and interest on payment of bank guarantee commission and bank charges.

Issue 1:
The first issue pertains to the appeal against the order deleting the charge of TDS and interest on payment of land rent. The Appellate Tribunal, Kolkata, considered the case where the assessee did not deduct TDS on land rent payments to Airport Authority of India Ltd. The Assessing Officer treated the assessee as in default under section 201(1) of the Income Tax Act. However, the Commissioner of Income Tax (Appeals) allowed the appeal, stating that the payment did not constitute rent attracting TDS under section 194I. The Tribunal upheld this decision, citing precedents and holding that the payment did not fall under the purview of TDS requirements. The Tribunal dismissed the revenue's appeal, as the issue was already settled in favor of the assessee in a previous case.

Issue 2:
The second issue involves the appeal against the order deleting the charge of TDS and interest on payment of bank guarantee commission and bank charges. The Assessing Officer found that the assessee did not deduct TDS on payments made as administrative expenses to ITD Cementation India Ltd. The assessee argued that these payments were reimbursement of expenses and not for services rendered, hence not subject to TDS. The Commissioner of Income Tax (Appeals) agreed with the assessee, allowing the appeal. The Tribunal, referring to a previous decision, upheld the Commissioner's decision, stating that the payments were reimbursement of expenses and not covered by TDS provisions. As there were no changes in facts or law, the Tribunal dismissed the revenue's appeal, relying on the precedent set in the assessee's previous case.

In conclusion, the Appellate Tribunal, Kolkata, dismissed both appeals filed by the revenue, upholding the decisions of the Commissioner of Income Tax (Appeals) in both instances. The Tribunal found that the payments in question were not subject to TDS requirements as they were either not considered as rent or were reimbursement of expenses, as per the specific circumstances of each case. The judgments were based on legal precedents and interpretations of relevant sections of the Income Tax Act.