2005 (4) TMI 269 - AT - Income Tax

Tribunal exempts certain payments; rent not included. Revenue appeal dismissed.

Deputy Commissioner Of Income-Tax. Versus Sahara Airlines Limited.

The Tribunal upheld the CIT(A)'s decision, ruling that payments to AMTEC, MAS, and Lufthansa were exempt under Section 10(15A) and should be excluded from ... Payment To Non-Residents Issues Involved:1. Whether the payments made by the assessee to AMTEC, MAS, and Lufthansa should be excluded from the computation of short deduction under Section 195 of the Income Tax Act.2. Whether the supplemental rent payments made by the assessee fall within the exclusionary provisions of Section 10(15A) of the Income Tax Act as amended effective from April 1, 1996.3. Whether the assessee can be considered in default under Section 201(1) of the Income Tax Act for failing to deduct tax at source on these payments.Issue-wise Detailed Analysis:Issue 1: Exclusion of Payments from Computation of Short DeductionThe Revenue appealed against the CIT(A)'s order directing the AO to exclude payments to AMTEC, MAS, and Lufthansa from the computation of short deduction. The CIT(A) had observed that the agreements with these parties were approved by the CBDT after April 1, 1996, and thus the payments were exempt under Section 10(15A). The Tribunal upheld the CIT(A)'s decision, noting that the payments were fully covered by CBDT approvals and thus clearly exempt under Section 10(15A).Issue 2: Applicability of Exclusionary Provisions of Section 10(15A)The AO contended that supplemental rent payments related to the operation of the aircraft and thus fell within the exclusionary provisions of Section 10(15A) as amended. However, the Tribunal found that the supplemental rent was paid to meet expenses incurred by the lessee for maintaining the aircraft, not for acquiring it. The Tribunal noted that the lessor provided no spares, facilities, or services in connection with the operation of the leased aircraft. Therefore, the payments did not fall within the exclusionary provisions of Section 10(15A).Issue 3: Assessee in Default under Section 201(1)The AO treated the assessee as in default under Section 201(1) for failing to deduct tax at source on supplemental rent payments. The Tribunal, however, noted that the payments were not chargeable to tax under the Act, as they did not fall within the exclusionary provisions of Section 10(15A). Consequently, there was no obligation on the assessee to deduct tax at source under Section 195, and thus the assessee could not be considered in default under Section 201(1).ConclusionThe Tribunal upheld the CIT(A)'s order, confirming that the payments to AMTEC, MAS, and Lufthansa were exempt under Section 10(15A) and should be excluded from the computation of short deduction. The Tribunal also concluded that the supplemental rent payments did not fall within the exclusionary provisions of Section 10(15A), and thus the assessee was not liable to deduct tax at source on these payments. Consequently, the appeal by the Revenue was dismissed, and the cross-objections by the assessee were also dismissed as they were merely supportive of the CIT(A)'s order.