ITO (TDS) (OSD) RG 2, MUMBAI vs. INFRASTRUCTURE LEASING & FINANCIAL SERVCES LTD, MUMBAI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that TDS is not payable on bank guarantee commission charges under Section 194H of the Act. This decision was based on previous judgments of the Tribunal in similar cases.
What were the facts?
During a survey, it was noted that the assessee had not deducted TDS on 'Bank Guarantee Commission'. The assessee contended that such commission was not covered under TDS provisions. The Assessing Officer treated the assessee in default and levied TDS and interest.
What were the issues?
Whether bank guarantee commission is liable for TDS deduction under Section 194H of the Income Tax Act, 1961.
Which sections of the Income-tax Act were involved?
Section 133A,Section 131,Section 201(1),Section 201(1A),Section 194H
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “I” BENCH, MUMBAI
Before: SHRI G.S.PANNU, AM & SHRI AMARJIT SINGH, JM
Assessee by: Shri Dilip V. Lakhani Department by: Shri Bhawar Singh Ratnoo सुनवाई क" तार"ख / Date of Hearing: 03.03.2016 घोषणा क" तार"ख /Date of Pronouncement:20.07.2016 आदेश / O R D E R PER AMARJIT SINGH, JM:
This is an appeal filed by the revenue against the order dated 12.06.2014 passed by the Commissioner of Income Tax (Appeals)-14, Mumbai [hereinafter referred to as the “CIT(A)”] relevant to the assessment year 2011-12. A.Y. 2011-12
The brief facts of the case are that the survey operation u/s.133A of the Income Tax Act, 1961( in short “the Act”) was conducted on 16.03.2012 at the premises of assessee company M/s. Infrastructure Leasing & Financial Services Ltd. The assessee company is a holding company of all companies of IL & FS group. The Principle business comprises of investments in group companies granting of loans and advances only to group companies and managing its own business centre. During the course of survey, statement of Mr. S. Srinivas, Vice President (Taxation) was recorded u/s.131 of the Act and it was pointed out to Mr. S. Srinivas, that the expenses incurred on account of ‘Bank Guarantee Commission’ were not subjected to TDS. Mr. S. Srinivas was of the opinion that ‘Bank Guarantee Commission’ was not covered any of the TDS Provisions and accordingly not liable to TDS. Thereafter, the notice u/s.201(1) /201(1A) of the Act was issued on 12.03.2013 to the assessee. Reply filed. The assessee was find in default of non-deducting of TDS on bank guarantee commission to the tune of Rs.94,19,985/- upon which TDS to the tune of Rs.9,41,999/- was required to be deducted. Thereafter the interest u/s.201(1A) of the Act to the tune of Rs.3,39,120/- was also assessed against the assessee. The total amount was required to be payable to the tune of Rs.12,81,119/-, thereafter, the assessee challenged the said order and the learned CIT(A) allowed the appeal on the assessee in the case of M/s. Kotak Securities Ltd. in dated 03.02.2012 for the A.Y. 2011-12 A.Y.2004-05. In the said judgment it was held that no TDS was payable on the bank guarantee commission charges u/s.194H of the Act. Feeling aggrieved the revenue has filed the present appeal before us.
We have heard the arguments advanced by the learned representative of the parties and have gone through the record carefully. The Assessing Officer is of the view that TDS is required to be deducted upon the interest/commission payable on bank guarantee and accordingly the interest is also required to be payable u/s.201(1A) of the Act. In appeal the learned CIT(A) has deleted the addition in view of the case of M/s. Kotak Securities Ltd. (Supra). It is specifically held that no TDS is payable on bank guarantee charges u/s. 194H of the Act. Therefore, the same is not liable to be deducted. Accordingly, the learned CIT(A) deleted the said addition. This issue has further came into existence in the assessee’s own case for the A.Y.2010-11. The Hon’ble Income Tax Appellate Tribunal, while deciding the matter in the assessee’s own case in has also decided the issue in favour of the assessee on relying the case decided by the Hon’ble Tribunal M/s. Kotak Securities Ltd. (Supra). This issue has been squarely covered by the above said judgement, therefore honoring the judgement of the Hon’ble Tribunal mentioned above and finding nothing contrary material against the finding of the said judgement, we are of the view A.Y. 2011-12 that learned CIT(A) has decided the matter judiciously and correctly which does not required to interfere with at this appellate stage.
Accordingly, appeal of the revenue is hereby dismissed.
Order pronounced in the open court on 20th July, 2016 (AMARJIT SINGH) (G.S.PANNU) लेखा सद"य / ACCOUNTANT MEMBER "या"यक सद"य/JUDICIAL MEMBER मुंबई Mumbai; "दनांक Dated: 20th July, 2016 MP MP MP MP
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