In a number of cases, an issue has arisen whether
tax is deductible at source, in respect of interest payable for delay in
payment of purchase price of goods. There are occasions in the case of a
manufacturing or trading concern where the concern is required to pay interest
for delay in payment of the price of goods purchased. At times, the quantum of
such interest is pretty high.
Most of the Income-Tax Advisors take a simplistic
view of the matter and disallow the aforesaid interest in the computation of
total income of the assessee, in view of the provisions of section 40(a)(ia) of
the Income-Tax Act, 1961 (the Act). It will be appropriate to explain at this
stage that as per section 40(a)(ia) of the Act, any interest shall not be
deducted in computing the income chargeable under the head ‘Profits and gains of business or profession’,
if tax is deductible at source, but it has not been deducted at source in
respect of such interest.
In my
considered opinion, no tax is deductible at source, in respect of interest payable
by the purchaser for delay in payment of purchase price of goods.
Section 194A of the Income Act, deal with TDS on interest other
than interest on securities.
Extract of
section 194A: Interest other than “Interest on securities”.
194A. (1) Any person, not being an individual or a Hindu undivided
family, who is responsible for paying to a resident any income by way of
interest other than income by way of interest on securities, shall, at the time
of credit of such income to the account of the payee or at the time of payment
thereof in cash or by issue of a cheque or draft or by any other mode,
whichever is earlier, deduct income-tax thereon at the rates in force:
From the aforesaid provisions of section 194A(1), it may be seen
that any person, not being an individual or an HUF, who is responsible for
paying to a resident any income, by way of interest, other than income by way
of interest on securities, shall deduct income-tax thereon at the rates in
force.
In view of the language used in the aforesaid provisions of
section 194A(1) of the Act, it will be necessary to examine the meaning of the
term ‘Interest’, other than interest on securities. In this context, it may be
stated that the term ‘Interest’ has been defined under section 2(28A) of the
Act.
Extract of
Section 2(28A): Definition of Interest
2(28A) “interest” means interest payable in any manner in respect
of any moneys borrowed or debt incurred (including a deposit, claim or other
similar right or obligation) and includes any service fee or other charge in
respect of the moneys borrowed or debt incurred or in respect of any credit
facility which has not been utilised ;
From the aforesaid provisions of section 2(28A) of the Act, it may
be seen that ‘Interest’ contemplated thereunder, is payable in respect of
‘Moneys borrowed’ or ‘Debt incurred’. This view of also supported by two
judgements of Delhi High Court, which are discussed as follows
(i) CIT Vs
Sahib Chits (Delhi) (P) Ltd. [2010] 328 ITR 342 (Del)
It was, inter alia, held in this case that a bare reading of
section 2(28A) of the Act, would reveal that interest is payable in respect of
‘Moneys borrowed’ or ‘Debt incurred’. It, of course, would include a deposit,
claim or other similar right or application of any service fee or other charges
in respect of the moneys borrowed or debt incurred.
(ii) CIT Vs
Cargill Global Trading P.Ltd [2011] 335 ITR 94 (Del)
It was, inter alia, held in this case that it is clear from the
definition in section 2(28A) of the Income-Tax Act, 1961, that before any
amount paid is construed as interest, it has to be established that the same is
payable in respect of any money borrowed or debt incurred.
In the present scenario, no moneys are borrowed by the purchaser
from the seller of goods. Therefore, the only issue which is to be examined now
is whether there is a debt incurred in respect of the purchase price of the
goods purchased by the assessee. In other words, it has to be examined whether
any debt is incurred in the course of the transaction of purchase of goods. In
addition, it has also to be examined whether the payment to be made by the
purchaser of goods for delay in payment of purchase price thereof, will partake
the nature of interest, as contemplated under section 2(28A) of the Act.
The impugned
interest will partake the nature of sale / purchase consideration, as per a
judgement of Bombay High Court.
In this context, a judgement of Bombay High Court, in the case of
CIT Vs Vidyut Corporation [2010] 324 ITR 221 (Bom), is also relevant. One of
the issues before the Bombay High Court in this case was whether interest
received on account of delay in payment of the sale price of goods supplied by
the assessee partakes the nature and character as sale consideration and
accordingly, whether the assessee is eligible for deduction under section 80-IB
of the Act, in respect of the aforesaid interest received by the assessee.
This forms a component of the sale price and is paid towards the
lag which has occurred in the payment of the price of the goods sold by the
assessee. On these facts, therefore, the payment of interest on account of
delay in payment of the sale price of the goods, supplied by the undertaking,
partakes of the same nature and character, as the sale consideration.
From the aforesaid observations of the Bombay High Court, it is
quite clear that the interest payable on account of the delay in payment of the
sale price of the goods, will partake the same nature and character, as the
sale consideration. On the same analogy, the interest payable by the purchaser
of goods on account of delay in payment of the purchase price thereof, will partake
the same nature and character, as purchase consideration.
In the light
of the aforesaid reasons, the said component of interest, being a part of sale
consideration or purchase consideration of the goods, will not partake the
nature and character of interest, as contemplated in section 194A, r.w.s.2(28A)
of the Act. Therefore, no tax will be deductible at source, in respect of the
aforesaid interest payable by the purchaser for delay in payment of purchase
price of goods.
It may also
be stated here that no tax at source is deductible under Chapter XVII-B of the
Act, in respect of payment of purchase price of goods.
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