2018 (7) TMI 128 - AT - Income Tax

TDS u/s 194I - non-deduction of tax at source - lease rent payments to the Yamuna Expressway Industrial Development Authority - Held that - if the assessee wishes to take benefit of the proviso to section 201 of the income tax act, then it is for the assessee to furnish necessary detail, so that assessee cannot be treated as assessee in default with respect to the amount of tax deductible. Since the issue in dispute of deducting tax at source on lease rent and consequent tax liability under Section 201(1) & 201(IA) involved in the present appeals of the assessee has already been decided by the Tribunal (2017 (9) TMI 241 - ITAT DELHI) and the Assessing Officer has been directed to carry out the verification as mentioned in para 17 of the order of the Tribunal, these appeals stand disposed of accordingly.

Summary

Issues involved:
Appeals against common order for tax liability under Section 201(1)/201(1A) of the Income-tax Act, 1961 for non-deduction of tax at source.

Detailed Analysis:

Issue 1: Assessment of tax liability for non-deduction of tax at source
The appeals were directed against a common order passed by CIT(A) for tax liability under Section 201(1)/201(1A) of the Income-tax Act, 1961. The appellant contested the action of the assessing officer holding them as assessee-in-default for non-deduction of tax at source from lease rent payments. The appellant argued that the lease agreements transferred ownership risks to the lessee, making the lease rent not applicable under Section 194I of the Act. They cited judicial precedents to support their claim that the lease premium outweighed the annual lease rent, indicating a transfer of ownership rights to the lessee. Furthermore, they contended that the liability to pay tax on lease rent remains with the payee, not the assessee.

Issue 2: Decision based on previous Tribunal ruling
The Tribunal referred to a previous order involving similar issues where it was decided that the lease rent payments were subject to TDS under Section 194I. Citing the decision of the Hon'ble Delhi High Court, the Tribunal upheld the tax liability on annual lease rent payments. The Tribunal directed the Assessing Officer to allow the assessee an opportunity to show if the recipients of the income had filed returns and paid the tax due, in line with the proviso to Section 201(1).

Issue 3: Disposition of appeals
Considering the previous Tribunal ruling and directions, the Tribunal disposed of the appeals accordingly. The issue of deducting tax at source on lease rent and the consequent tax liability under Section 201(1) & 201(1A) had already been addressed in the previous order. The Assessing Officer was tasked with verifying compliance with the proviso to Section 201 and ensuring necessary details were furnished by the assessee to avoid being treated as an assessee in default.

In conclusion, the Tribunal upheld the tax liability on lease rent payments, directed further verification by the Assessing Officer, and disposed of the appeals in accordance with the previous ruling and directions provided.