(M.R. Shah and M.M. Sundresh, JJ.)
Petition for Special Leave to Appeal (C) No. 18744/2018, decided on October 19, 2022
Commissioner of Income Tax (TDS) ___________________ Petitioner;
v.
Jai Prakash Associates Ltd. __________________________ Respondent.
With
SLP(C) No. 18745/2018 (XI)
(IA No. 87678/2018-Condonation of Delay in Filing and IA No. 87680/2018-Exemption From Filing C/C of the Impugned Judgment)
Petition for Special Leave to Appeal (C) No. 18744/2018; ITA No. 114/2015; SLP(C) No. 18745/2018 (XI); IA No. 87678/2018; and IA No. 87680/2018
The Order of the court was delivered by
Order
1. We have heard Shri N. Venkataraman, learned ASG appearing on behalf of the Revenue and Shri Nishit Agrawal, learned counsel appearing on behalf of the respondent/Assessee.
2. The main issue is with respect to the chargeability of TDS on non-convertible debentures and FDR below Rs. 5,000/-. Having gone through the judgment and orders passed by the Tribunal as well as the High Court, we are of the opinion that no error has been committed by the Tribunal and/or the High Court on the chargeability of TDS amount on non-convertible debentures and fixed deposit of the value less than Rs. 5,000/-. Both, the Tribunal as well as the High Court have concurrently found that on non-convertible debentures and fixed deposit of the value less than Rs. 5,000/-, there shall not be any TDS leviable. We are in complete agreement with the view taken by the Tribunal as well as the High Court. Once, there is no liability to deduct TDS on non-convertible debentures and fixed deposit of the value less than Rs. 5,000/-, there is no question of charging any interest. However, at the same time the issue whether the levy of the interest was time barred considering Section 201(1)/201(1)(a) of the Income Tax Act, 1961 has not been dealt with and considered in High Court, we keep the question of law on the aforesaid open.
3. With the above observations, the present Special Leave Petitions stand dismissed/disposed of.
4. Pending application(s) shall stand disposed of.
———
