1983 (7) TMI 98 - AT - Income Tax

Assessee denied TDS benefit for interest income in 1979-80 due to procedural requirements.

Ashoka Holdings Limited. Versus Income-Tax Officer.

The Tribunal ruled that the assessee could not claim the benefit of tax deducted at source for interest income for the assessment year 1979-80. The ... Assessment Year, Tax At Source, Tax Deducted At Source Issues:Interpretation of provisions relating to tax deducted at source for interest income; Claiming benefit of tax deducted at source for assessment year; Relevance of dates of tax deduction in relation to assessment year.Analysis:The judgment revolves around the interpretation of provisions related to tax deducted at source for interest income and the eligibility of the assessee to claim the benefit of tax deduction for a specific assessment year. The case involved the assessee lending money to two concerns and receiving interest income from them. The assessee followed the mercantile system of accounting and included the accrued interest in the assessment year 1979-80. The tax deducted at source by the concerns did not fall within the said assessment year, leading to a dispute with the Income Tax Officer (ITO) and subsequent appeal before the Tribunal.The Tribunal delved into the relevant provisions of the Income-tax Act, particularly focusing on sections 194A, 199, 203, and 205. Section 194A mandates tax deduction at source on interest income, while section 199 stipulates that tax deducted and paid to the Government shall be treated as payment by the person from whose income the deduction was made. The benefit of tax deduction is contingent upon the production of a certificate under section 203, which the assessee must furnish to claim the benefit. Section 205 clarifies that the assessee need not pay tax if it has been deducted at source.The Tribunal rejected the assessee's argument that returning interest income for an assessment year automatically entitles them to the benefit of tax deducted at source. The judgment emphasized that the benefit is solely based on the production of the certificate under section 203, irrespective of when the income is returned. The Tribunal highlighted potential anomalies if the benefit of tax deduction was linked to the inclusion of income, especially in cases where different accounting methods or years are followed by the parties involved.Ultimately, the Tribunal ruled that the assessee could not claim the benefit of tax deducted at source for the two amounts in question for the assessment year 1979-80. The decision was grounded in the procedural requirement of producing the certificate under section 203 and obtaining the benefit in accordance with section 199, rather than basing it on the actual inclusion of income for a specific assessment year. The judgment aimed to streamline the process and avoid complexities that could arise if the benefit of tax deduction was tied to the timing of income inclusion.