2023 (1) TMI 517 - AT - Income Tax

TDS u/s 194J - Disallowance u/s 40(a)(ia) - nature of payments - professional services or not - services rendered, viz. tabulation, checking and preparation of marksheets etc. which involved usage of computers and online services - HELD THAT - The services rendered by the processing agency to the assessee, i.e., tabulation, checking and preparation of mark sheets and other computer assisted work could not have been brought within the meaning of professional services as contemplated in Explanation (a) of Section 194J. As observed hereinabove, term professional services had been specifically defined in Explanation (a) of Section 194J - On a perusal of the aforesaid definition, it transpires that the same either refers to certain specified services, i.e., services rendered by a person in the course of carrying on legal, medical, engineering or architectural profession or the profession of accountancy or technical consultancy or interior decoration or advertising or such other profession as is notified by the Board for the purposes of section 44AA or of this section. The services in order to fall within the meaning of professional services for the purpose of triggering the provisions of Section 194J are either to be those which finds a specific mention in the Explanation (a) of the said section; or had been notified by the CBDT either for the purpose of Section 44AA or Section 194J of the Act. Not able to concur with the view taken by the lower authorities that the services rendered by the processing agency requires any professional expertise or skill, much the less those specified in Explanation (a) of Section 194J, AND also is unable to persuade myself to conclude that the services in question could be brought within the meaning of technical consultancy as forms part of the definition of professional services in Explanation (a) of Section 194J , therefore, the same in my considered view could not have been brought within the meaning of Section 194J - We set-aside the order of the CIT(A) to the extent he had concluded that the assessee was liable to deduct tax at source on the payments made to the processing agency u/s.194J. As concluded that the services rendered by the processing agency, i.e., tabulation, checking and preparation of mark sheets and other computer assisted work provided to the assessee could not be brought within the meaning of professional services and thus, the assessee could not have been saddled with any obligation to deduct tax at source on the payments made to the processing agency u/s.194J.

Issues Involved:
1. Whether the assessee was obligated to deduct tax at source on payments made for catering services.
2. Whether the payments made to a processing agency for tabulation, checking, and preparation of mark sheets should be subject to TDS under Section 194C or 194J of the Income Tax Act, 1961.
3. Whether the payments made to a printing agency for multi-facet job works should be subject to TDS under Section 194C or if they were exempt as per the definition of "work" under Explanation (iv)(e) of Section 194C.
4. Whether the CIT(Appeals) erred in not providing an opportunity of being heard to the assessee.
5. Whether the CIT(Appeals) relied on judicial decisions not applicable to the facts of the case.
6. Whether the assessee was covered by the proviso to Section 200(1) and Section 201(1A) regarding the filing of returns and payment of tax by the deductee.
7. Whether the interest levied under Section 201(1A) was justified.

Detailed Analysis:

1. TDS on Catering Services:
The assessee admitted failure to deduct and deposit tax at source on payments made towards catering services.

2. TDS on Payments to Processing Agency:
The Assessing Officer (AO) observed that the payments made to the processing agency for tabulation, checking, and preparation of mark sheets, which involved the use of computers and online services, were subject to TDS under Section 194J (fees for professional services) and not under Section 194C. The AO raised a demand for shortfall in TDS and interest under Sections 201(1) and 201(1A). The CIT(Appeals) upheld the AO's decision, stating that the services required professional competence and thus fell under Section 194J.

However, the Tribunal disagreed, stating that the services rendered by the processing agency did not fall within the meaning of "professional services" as defined in Explanation (a) to Section 194J. The Tribunal emphasized that the services did not require professional skill or expertise, nor did they fall under any notified profession by the CBDT for the purposes of Section 44AA or Section 194J. Consequently, the Tribunal set aside the CIT(Appeals) order, ruling that the assessee was not liable to deduct tax at source under Section 194J.

3. TDS on Payments to Printing Agency:
The AO noted that the payments made to the printing agency for multi-facet job works were subject to TDS under Section 194C. The assessee argued that the payments were for the supply of goods (printed answer sheets, OMR sheets) and thus exempt under Explanation (iv)(e) of Section 194C. The AO rejected this claim as the assessee did not file a revised TDS return and had issued Form-16A to the vendors. The AO also noted that the contract with the printing agency was for job work and not for the sale of goods.

The Tribunal did not specifically address this issue in detail in the judgment provided but focused on the broader issue of whether the services rendered required TDS under Section 194J.

4. Opportunity of Being Heard:
The assessee contended that the CIT(Appeals) passed the order without providing an opportunity of being heard, violating the principle of natural justice. This issue was not specifically addressed in the Tribunal's detailed analysis.

5. Reliance on Judicial Decisions:
The assessee argued that the CIT(Appeals) relied on judicial decisions not applicable to the facts of the case. The Tribunal noted that the CIT(Appeals) had relied on various judicial pronouncements to support the view that the services rendered were professional in nature. However, the Tribunal found these references distinguishable and not applicable to the present case.

6. Proviso to Section 200(1) and Section 201(1A):
The assessee claimed coverage under the proviso to Section 200(1) and Section 201(1A), asserting that the deductee had filed returns and paid taxes. The Tribunal did not specifically address this issue in detail, as it concluded that the assessee was not liable to deduct tax under Section 194J.

7. Interest under Section 201(1A):
The AO levied interest under Section 201(1A) for the shortfall in TDS. The Tribunal's ruling that the assessee was not liable to deduct tax under Section 194J effectively nullified the basis for the interest levied.

Conclusion:
The Tribunal allowed the appeals of the assessee, ruling that the payments made to the processing agency did not fall under "professional services" as defined in Section 194J. Consequently, the assessee was not liable for TDS under Section 194J, and the orders of the CIT(Appeals) were set aside. The Tribunal's decision applied mutatis mutandis to the assessment years 2013-14 to 2018-19.

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