2015 (10) TMI 2241 - AT - Income Tax

Tribunal rulings on TDS compliance and disallowance for various assessment years.

Ascott Translinks India Pvt. Ltd., Mico Car Services (I) Pvt. Ltd. Versus DCIT, Circle – 1 (1), Pune and Others

The Tribunal allowed the appeals for the assessment year 2006-07, partly allowed the appeals for 2007-08, and dismissed the appeals for 2008-09 and ... Non deduction of TDS on the payments made for hiring the cars u/s 194 (C) - disallowance u/s. 40(a)(ia) - Held that:- In the present case, only condition (a) is satisfied, i.e. the assessee is a contractor. So far as the conditions mentioned in (b), (c) and (d) are concerned, none of the conditions apply in the present case. Thus, the provisions of section 194C are not attracted and thus, the assessee is clearly outside its preview. Whether the payments made by the assessee are in the nature of rent under the provisions of section 194-I? - Held that:- From conjoint reading of provisions of section 194-I and the provisions of section 43(3), we can safely conclude that any payment made under lease agreement for use of vehicles partake the character of rent on which tax has to be deducted under the provisions of section 194-I. In the present case the assessee has furnished lease agreement for hiring cars. The assessee was liable to deduct tax at source on the payments made to the owners/lessor for hiring of cars. It is an admitted fact that the assessee has not deducted any TDS on the payments so made. As the assessee is liable for not deducting TDS under the provisions of section 194-I on the payments made after 13-07-2006. Since, the assessee has defaulted in not complying the provisions of section 194-I, the disallowance u/s. 40(a)(ia) has to be made for non-deduction of tax at source on the payments made in the assessment years 2008-09 and 2009-10. Similarly, the assessee is also liable for the demand raised u/s. 201(1) and 201(1A) for not complying with the TDS provisions. - Decided against assessee. Issues Involved:1. Non-deduction of Tax at Source (TDS) on payments for hiring cars.2. Applicability of Section 194C of the Income Tax Act.3. Applicability of Section 194-I of the Income Tax Act.4. Disallowance under Section 40(a)(ia) of the Income Tax Act.5. Demand under Sections 201(1) and 201(1A) of the Income Tax Act.Issue-wise Detailed Analysis:1. Non-deduction of Tax at Source (TDS) on payments for hiring cars:The assessee, engaged in providing vehicles on hire, did not deduct TDS on payments made for hiring cars from third parties. The Assessing Officer (AO) invoked Sections 201(1) and 201(1A) based on the auditor's remarks, raising a demand for non-compliance with TDS provisions. The Commissioner of Income Tax (Appeals) upheld this demand, leading the assessee to file an appeal before the Tribunal.2. Applicability of Section 194C of the Income Tax Act:The assessee argued that Section 194C, which pertains to TDS on payments to contractors, was not applicable as there was no contract or sub-contract with the third parties for hiring vehicles. The Tribunal examined the agreements and concluded that the assessee did not transfer any responsibility or liability to the vehicle owners, thus not constituting a sub-contract. Consequently, Section 194C was deemed inapplicable.3. Applicability of Section 194-I of the Income Tax Act:The alternate submission by the assessee contended that the payments made for hiring cars should be treated as rent under Section 194-I. The Tribunal agreed that payments for hiring vehicles fall under the definition of 'rent' as per Section 194-I, which includes machinery and plant. However, the amendment to Section 194-I, effective from 13-07-2006, meant that for the assessment year 2006-07, the provisions were not applicable.4. Disallowance under Section 40(a)(ia) of the Income Tax Act:For the assessment year 2006-07, the Tribunal held that no disallowance under Section 40(a)(ia) could be made due to the non-applicability of the amended Section 194-I. For the assessment year 2007-08, disallowance was applicable only for payments made after 13-07-2006. For the assessment years 2008-09 and 2009-10, the Tribunal upheld the disallowance due to non-compliance with TDS provisions under Section 194-I.5. Demand under Sections 201(1) and 201(1A) of the Income Tax Act:The Tribunal ruled that for the assessment year 2006-07, no demand under Sections 201(1) and 201(1A) could be raised. For the assessment year 2007-08, the demand was applicable only for payments made after 13-07-2006. For the assessment years 2008-09 and 2009-10, the Tribunal sustained the demand for non-compliance with TDS provisions.Conclusion:- ITA No. 2313/PN/2012 and ITA No. 2203/PN/2013 for the assessment year 2006-07 are allowed.- ITA No. 2314/PN/2012 and ITA No. 2204/PN/2013 for the assessment year 2007-08 are partly allowed.- ITA No. 2315/PN/2012 for the assessment year 2008-09, ITA Nos. 2205 & 2206/PN/2013 for the assessment years 2008-09 and 2009-10 are dismissed.Order pronounced on Wednesday, the 23rd day of September, 2015.