2014 (8) TMI 563 - HC - Income Tax

Court rules on TDS deduction: Section 194C prevails over 194I for transport contracts

The Court ruled in favor of the assessee, holding that Section 194C, not Section 194I, should apply for TDS deduction in cases of transport contracts. The ... TDS deduction u/s 194C @ 2% or u/s 194I – Rent for hiring vehicles – Held that:- The provisions of Section 194C and not Section 194I of the Act would apply in the case of a transport contract - the assessee had entered into a transport contract with the service provider for the transportation of its employees and had deducted tax at source in terms of Section 194C of the Act – Decided against Revenue. Issues involved:1. Interpretation of Sections 194-C and 194-I of the Income Tax Act for TDS deduction.2. Application of Section 43(3) regarding the definition of 'Plant' for TDS deduction.3. Consideration of Circulars predating the inclusion of Section 194-I.4. Reliance on previous judgments by the ITAT.Analysis:1. The first issue pertains to the correct TDS deduction under Section 194-C or 194-I. The Tribunal erred in applying Section 194-C @ 2% instead of Section 194-I @ 10% for hiring vehicles. The definition of 'rent' under Section 194-I includes payments for machinery, plant, or equipment. However, the Tribunal's reliance on Circulars predating the inclusion of Section 194-I was deemed erroneous.2. Regarding the application of Section 43(3) for TDS deduction, which includes vehicles under the definition of 'Plant,' the Tribunal failed to consider this aspect. The assessee was liable to deduct TDS from the rent paid for hiring vehicles under Section 194-I, as 'Plant' encompasses vehicles as well.3. The issue of reliance on previous judgments by the ITAT was also raised. The Tribunal followed its decision in the case of Bharat Electronics Pvt. Ltd., which was admitted by the High Court. However, the High Court's dismissal of similar appeals indicated a different interpretation of the law.4. Ultimately, the Court ruled in favor of the assessee, stating that Section 194C, not Section 194I, should apply in cases of transport contracts similar to the present one. The judgment in a leading appeal supported this decision, answering the questions of law negatively in favor of the assessee and against the Revenue. The appeal was disposed of with no costs awarded.