2011 (10) TMI 640 - AT - Income Tax

Tribunal rules chit dividends not interest, no TDS required

The Appellate Tribunal ITAT Hyderabad upheld the orders of the Commissioner of Income-tax(Appeals)-V, Hyderabad, dismissing the Revenue's appeals for the ... TDS u/a 194A - non-deduction of tax on chit dividend paid / distributed by the assessee though it represents the interest as per section 2(28A) and was within the meaning and purview of section 194A - Held that:- The payment to the subscribers of a chit towards dividend does not partake the character of interest. In this view of the matter, we uphold the orders of the CIT(A) impugned in these appeals, in holding that the assessee is not liable to deduct TDS u/s. 194A of the Act and not liable for interest u/s. 201(1) and 201(1A) of the Act, and consequently, reject the grounds of the Revenue in both these appeals. Issues:Cancellation of orders passed u/s. 201 and 201(1A) of the Income-tax Act, 1961 regarding non-deduction of tax on chit dividend paid by the assessee.The judgment by the Appellate Tribunal ITAT Hyderabad, delivered by Shri Chandra Poojari, Accountant Member, and Smt. Asha Vijayaraghavan, Judicial Member, pertained to appeals by the Revenue against orders of the Commissioner of Income-tax(Appeals)-V, Hyderabad for the assessment years 2006-07 and 2007-08. The primary issue in question was the cancellation of orders passed u/s. 201 and 201(1A) of the Income-tax Act, 1961 concerning the non-deduction of tax on chit dividend paid by the assessee, which was argued to represent interest as per section 2(28A) and within the purview of section 194A of the Act. The Tribunal considered precedents, such as the case of Marga Soochi Chit Pvt. Ltd. and Sahib Chits (Delhi) (P) Ltd., where it was established that the amount disbursed by a chit fund company to its members from contributions cannot be categorized as interest. As there is no borrowing of money or debt incurred in a chit fund scheme, the provisions of section 194A and 2(28A) of the Act were deemed inapplicable. This interpretation was reinforced by the decision in the case of Bilahari Investments (P) Ltd. v. CIT and subsequently confirmed by the Supreme Court. The Tribunal further cited the functioning of a chit fund scheme, emphasizing that payments to subscribers do not constitute interest but are dividends distributed equally among members. Relying on consistent rulings, including one in the case of M/s. Vipanchi Chit Funds Ltd., the Tribunal upheld the orders of the CIT(A) and dismissed the appeals of the Revenue, concluding that the assessee was not obligated to deduct TDS u/s. 194A of the Act and was not liable for interest u/s. 201(1) and 201(1A) of the Act. The judgment was pronounced on 31.10.2011.