A two-judge bench of the Supreme Court has upheld a High Court order wherein it was held that TDS is not leviable on the non-convertible debentures and fixed deposit of the value less than Rs.5,000/-, under the provisions of the Income Tax Act, 1961.
A bench comprising Justice M.R. Shah and Justice M.M. Sundresh was considering an issue regarding the chargeability of TDS on non-convertible debentures and FDR below Rs.5,000/-.
Upholding the High Court and the ITAT order, the Court observed that “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.”
Advocates, Mr. Nishit Agrawal, AOR, Adv. Ashwani Garg, and Adv. Kanishka Mittal appeared for the assesee.
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