DIT v. Ahmedabad Vadodara Expressway Co Ltd. (2024) 301 Taxman 590 (Guj.)(HC)

S. 201 : Deduction at source-Failure to deduct or pay –Survey-Direct payment to non-resident-Contractor-Deducted tax at 2 per cent under section 194C-Tribunal is justified in directing Assessing Officer to calculate interest on amount which was paid by contractor as self-assessment tax till date it was deposited and such interest was to be paid by assessee for not deducting tax at source.[S.133A, 194C (4), 195(2), 201(1), 201(IA), 260A]

During course of survey under section 133A, it was found that assessee had made direct payment to non-resident contractor, PT and deducted tax at rate of 2 per cent under section 194C instead of rate of 48 per cent under section 195(2), resulting into short deduction of TDS of Rs. 3.35 crores. Department initiated proceedings under section 201(1) read with section 201(1A) and an order was passed for determining interest under section 201(1A) considering certificate of lower deduction/no deduction under section 194C(4) issued by DDIT (International Tax.), Chennai. Tribunal held that when deductee PT had paid entire amount of tax except Rs. 8.00 lakh which was paid as self-assessment tax contractor did not commit any default for obtaining certificate under section 194C(4) as against section 195(2) and further held that interest under section 201(1A) should be charged upto ultimate tax liability of deductee and directed Assessing Officer to charge interest on amount which was deposited by said deductee as self-assessment tax. Tribunal is justified in directing Assessing Officer to calculate interest on amount which was paid by contractor as self-assessment tax till date it was deposited and such interest is to be paid by assessee for not deducting tax at source.