The Commissioner of Income-Tax TDS and The Asst. Commissioner of Income-Tax (TDS) Circle-18(1) V. M/S. Medi Assist TPA Private Limited

ITA/246/2014

AI Insights

This case involves an appeal by the Commissioner of Income-Tax TDS and the Assistant Commissioner of Income-Tax (TDS) against M/s. Medi Assist TPA Private Limited concerning the application of Section 194J of the Income Tax Act, 1961, for the assessment year 2009-10. The primary legal contention was whether the provisions of Section 194J should apply to the entire composite payments made for various services rendered by a hospital, or only to the payments that assume the nature of fee for professional services. Additionally, the appeal questioned the Tribunal's direction for bifurcation of payments and the computation of interest under Section 201(1A) of the Act. The High Court of Karnataka, after hearing the arguments, decided to partly allow the appeal, aligning its decision with a previous case (I.T.A.No.323/2013) and quashing the Tribunal's directive on payment bifurcation.

• Counselvise Citation: [2020] 140 COUNSELVISE.COM (IT) 805858 (HC-KARNATAKA)
• Appeal Type: Others
• Pronouncement Date: 13-10-2020
• Assessment Year: misc
• Other Referred Cases: I.T.A.No.323/2013
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Partly Allowed
• Court: HIGH COURT
• Department Lawyers: VANI
• Assessee Lawyers: K V ARAVIND
• Keywords: Bifurcation of Payment; Income Tax; Interest computation; Professional services; TDS
• Section: 194J; 201(1A); 260-A

Judgement Text

" 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER 2020 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD I.T.A. NO.246 OF 2014 BETWEEN: 1. THE COMMISSIONER OF INCOME-TAX TDS, NO.59, HMT BHAVAN 4TH FLOOR, BELLARY ROAD GANGANAGAR, BANGALORE. 2. THE ASST. COMMISSIONER OF INCOME-TAX (TDS) CIRCLE-18(1), NO.59, HMT BHAVAN 4TH FLOOR, BELLARY ROAD GANGANAGAR, BANGALORE. ... APPELLANTS (BY Mr. K V ARAVIND, ADV.,) AND: AND M/S. MEDI ASSIST TPA PRIVATE LIMITED SRI KRISHNA ARCADE NO.471, 9TH CROSS, 1ST MAIN ROAD SARAKKI INDL. LAYOUT 3RD PHASE, JP NAGAR BANGALORE 560 078. ... RESPONDENT (BY Mrs. VANI H, ADV., FOR Mr. MAHESH KUMAR L, ADV.,) - - - 2 THIS ITA IS FILED UNDER SECTION 260-A OF I.T. ACT, 1961 ARISING OUT OF ORDER DATED 30.01.2014 PASSED IN ITA NO.860/BANG/2013 FOR THE ASSESSMENT YEAR 2009-10, PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO: (I) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE. (II) ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE ITAT, BANGALORE IN ITA NO.860/BANG/2013 DATED 30.01.2014 CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE ASST. COMMISSIONER OF INCOME TAX (TDS), CIRCLE-18(1), BANGALORE. THIS ITA COMING ON FOR FINAL HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: JUDGMENT This appeal under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as the Act for short) has been preferred by the revenue. The subject matter of the appeal pertains to the Assessment year 2009-10. The appeal was admitted by a bench of this Court vide order dated 24.11.2014 on the following substantial questions of law: (i) Whether on facts and in circumstance of the case and in law the Tribunal was right in holding that provisions of Section 194J of the Act has to be applied only to the payments which assume the nature of fee for professional services and not on the entire composite payments, when the bill contains charges for various services rendered 3 by the hospital, as such payment or for services rendered as a whole? (ii) Whether on facts and in circumstances of the case and in law the Tribunal was right in directing bifurcation of payment made by the assessee with reference to the services when the provisions of section 194J of the Act does not provide for bifurcation of a composite payment? (iii) Whether on facts and in circumstance of the case and in law the Tribunal was right in holding that interest under Section 201(1A) of the Act is to be computed upto the due date of return of income to be filed by the deductee and not upto the date of filing of return of income contrary to proviso to Section 201(1A) of the Act? (iv) Whether on facts and in circumstances of the case and in law the Tribunal was right in not taking into consideration the Explanation (a) & (b) of Section 194J read with Explanation 2 to Section 9(i)(vii) of the Act? (v) Whether on facts and in circumstances of the case and in law the Tribunal was justified in shifting the burden on the revenue to verify the payment of tax by the deductee on the payments received from the assessee in order to quantify the amount of default committed by the assessee? 4 2. We have heard the learned counsel for the parties at length. For the reasons assigned by us by an order passed today in I.T.A.No.323/2013, the substantial questions of law are answered as answered in I.T.A.No.323/2013 and the order of the Tribunal to the extent it directs bifurcation of payments made by the assessee with reference to the medical services only is hereby quashed. In the result, the appeal is partly allowed. Sd/- JUDGE Sd/- JUDGE ss "