Tax Credit Entitlement - Credit of TDS if deductor failed to deposit the TDS to the Government

2023 (11) TMI 808 - DELHI HIGH COURT

Background

In this case the Delhi High Court addressed a dispute regarding the credit for tax deducted at source (TAS) on interest payments made by a borrower, Ninex Developers Ltd., to BDR Finvest Pvt Ltd. The court's decision, delivered on October 31, 2023, revolved around the complex interplay of various sections of the Income Tax Act 1961, particularly in the context of tax credit entitlements when the deductor fails to deposit the TAS with the revenue​​.

Case Details

BDR Finvest Pvt Ltd lent money to Ninex Developers Ltd. in FY 2018-19 at an agreed interest rate, resulting in monthly interest payments. Ninex deducted TAS on these payments, amounting to a total of Rs. 29,16,674 for the Assessment Year (AY) 2019-20. However, BDR Finvest initially did not claim credit for this TAS in its Return of Income (ROI) filed on August 10, 2019, and later sought this credit in a revised return filed on December 12, 2019. The Income Tax Department disallowed this credit in the revised return, and a subsequent rectification application by BDR Finvest was also dismissed​​.

Core Legal Issues

1. Non-Deposit of TAS by Ninex: Ninex did not deposit the TAS amounting to Rs. 29,16,674 with the revenue, raising the question of whether BDR Finvest could still claim credit for this amount​​.
2. Legal Provisions Involved: The case primarily involved the interpretation of Sections 199 and 205 of the Income Tax Act. Section 199 stipulates that credit for TAS is given only if it is paid to the Central Government account, while Section 205 bars direct demand on the assessee for tax deducted at source​​.

Court's Rationale and Decision

The Delhi High Court, referring to its judgment in Sanjay Sudan v. Assistant Commissioner of Income Tax [2023 (2) TMI 1079 - DELHI HIGH COURT], held that the deductee (BDR Finvest in this case) cannot be compelled to pay tax which has already been deducted at source from their income. The court emphasized that the Act prohibits indirect recovery of tax, such as adjusting the demand against future refunds, which is barred under Section 205 of the Act​​.

Furthermore, the court elaborated that the TAS deducted is part of the assessee's income and must be treated as tax paid on their behalf. The argument that credit for TAS cannot be given unless it is paid to the Central Government was rejected. The court ruled that BDR Finvest was entitled to credit for the TAS, regardless of whether Ninex had deposited it with the government or not​​.

Implications of the Judgment

1. Protection of Deductee's Rights: The judgment safeguards the rights of deductees, ensuring they are not penalized for the deductor's failure to deposit TAS with the government.
2. Clarity on Tax Credit Entitlement: It clarifies that the deductee is entitled to credit for TAS deducted from their income, irrespective of its deposit by the deductor.
3. Precedent for Future Cases: This ruling sets a significant precedent in cases where deductors fail to deposit the deducted tax with the revenue.

Full Text:

2023 (11) TMI 808 - DELHI HIGH COURT