The Chandigarh bench of the Income Tax Appellate Tribunal ( ITAT ) has ruled that, transport aggregator Ola ( ANI Technologies Private Limited ) is not liable to deduct withholding TDS on payments to drivers.
The ITAT has said that, Ola acts as a mere intermediary. The role of Ola is limited to managing and operating the OLA app, facilitating the provision of transport services by the driver to the rider and payment collection via e-wallet on the driver’s behalf. It said the driver is solely liable for any accident/incident involving the vehicle while providing taxi services, and Ola has been stated not to be liable for any such incident, according to agreements between them. It holds that Old and the driver are independent contractors.
The Tribunal bench comprising of Judicial Member Sudhanshu Srivastava and Accountant Member Vikram Singh Yadav held that it is clear from the contracts between Ola and the driver and with the rider that the underlying contract for transportation service is between the driver and the rider.
The Tribunal also noted that, the driver is entitled to the fare for rendering transportation services to the rider and the person responsible for payment in such a case is the rider alone and not Ola.Earlier, the assessing officer had emphasised on the contractual relationship between the rider and the driver which was upheld by the commissioner of income tax (appeal).
While allowing the appeal, the tribunal observed that, the assessing officer and the commissioner erred in concluding that Ola was providing transportation services which was sub-contracted to the driver and consequently holding that Ola was liable to deduct tax at source for the assessment year 2018-19.
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