2019 (5) TMI 555 - HC - Income Tax

Tribunal affirms tax deduction for broadcasting services under section 194C, sets legal questions for consideration.

Commissioner of Income Tax-TDS-2 Versus Wire & Wireless (India) Ltd.

The Court upheld the Tribunal's decision that the assessee correctly deducted tax under section 194C for payments to channels, considering them as ... TDS under the correct provision - TDS U/S 194C OR 194J - payment of subscription fees paid to the channels - HELD THAT:- Such an issue had been examined by the Division Bench of Punjab and Haryana High Court in case of Kurukshetra Darpans (P) Ltd. Vs. Commissioner of Income Tax Cited Cases [2008 (3) TMI 48 - HIGH COURT PUNJAB AND HARYANA] the Court referred to the Explanation (3) below Section 194C(2) of the Act, explained the term “Work” as to include advertising, broadcasting and telecasting including production of programmes etc. The Court was of the opinion that the deduction made by the payer under section 194C of the Act was correct. TDS u/s 194C on carriage fees by treating it as contract work by resorting to interpretative reasoning and not under section 194H - HELD THAT:- Issue covered by Judgment of this Court in case of Commissioner of Income Tax Vs. UTV Entertainment Television Limited and ors. [2016 (1) TMI 213 - ITAT MUMBAI] Issues involved:1. Correct provision for tax deduction by the assessee.2. Classification of payments made to cable operators/MSO/DTH Operators.3. Tax deduction on carriage fees - contract work or commission for facilitating business.Issue 1: Correct provision for tax deduction by the assessee:The main issue in this case was whether the assessee, a Multi System Operator, correctly deducted tax at source under section 194C of the Income Tax Act, 1961, while making payments of subscription fees to channels, as contended by the revenue. The revenue argued that the deduction should have been made under Section 194J of the Act. The Court referred to Explanation (3) below Section 194C(2) of the Act, which defines 'work' to include broadcasting and telecasting. The Court held that the deduction under section 194C was correct as the payments were for broadcasting and telecasting services. The Court analyzed the agreement between the assessee and the licensor, highlighting that the essence of the contract was to obtain broadcasting and telecasting services for distribution to customers through the cable network. The Court concluded that the Tribunal was correct in holding that tax deduction under Section 194C was applicable to the payments made by the assessee.Issue 2: Classification of payments made to cable operators/MSO/DTH Operators:The second issue raised by the revenue was whether the payments made to cable operators/MSO/DTH Operators were for work contract covered under section 194C or fees for technical services under section 194J. The Court examined the nature of services received by the assessee and concluded that the payments were for broadcasting and telecasting services, falling under the purview of section 194C. The Court emphasized that the services provided by the licensor involved broadcasting and telecasting of TV signals, making them eligible for tax deduction under section 194C.Issue 3: Tax deduction on carriage fees - contract work or commission for facilitating business:The third issue pertained to tax deduction on carriage fees and whether they should be treated as contract work or commission for facilitating business. The Court referred to a previous judgment and held that the question was already covered by a judgment of the Court, and therefore, it did not require further consideration. The Court noted that the issue had been addressed in a previous case and did not need to be revisited.In conclusion, the Court upheld the decision of the Tribunal regarding the correct provision for tax deduction by the assessee and the classification of payments made to cable operators/MSO/DTH Operators. The Court also noted that the issue regarding tax deduction on carriage fees had already been settled in a previous judgment. The appeals were admitted for consideration of the substantial questions of law, and the Court directed the Registry to communicate the order to the Tribunal for further proceedings.