TDS credit on SARFAESI sale proceeds upheld where the bank was only a custodian, not the owner of the secured asset.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Tax deducted from sale proceeds of immovable property sold by a bank under SARFAESI was held referable to Section 194IA. The High Court reasoned that, in such an auction, the bank is not the owner of the secured asset but only holds possession and a security interest for recovery of dues, acting as a trustee or custodian of the sale proceeds and applying them towards dues, expenses and any surplus to the borrower. Because the property was not the bank's own asset, credit or refund of the tax deducted could not be denied merely because the bank had not offered corresponding income from sale. The orders granting TDS credit were affirmed and the appeal was dismissed.....