Uber India not liable to deduct TDS for payments made to the drivers, says ITAT



Quick Summary
The Income Tax Appellate Tribunal (ITAT) has ruled that Uber India Systems Private Limited (UISPL) is not liable to deduct Tax Deducted at Source (TDS) on payments made to its driver partners. The tribunal found that UISPL does not have a direct contract with the drivers for transportation services, and therefore, Section 194C of the Income Tax Act does not apply. This decision clarifies that Uber BV acts as an aggregator, and the actual transportation contract is between the driver and the end-user.

Case Name

Uber India Systems Private Limited Vs Jt.CIT(TDS)

Appeal Number

ITA No. 5862/Mum/2018 and 5863/Mum/2018

Related Assessment Year

2016-17 and 2017-18 respectively

Date of Pronouncement/Judgement

04/03/2021

In the order dated March 4, the ITAT held that it can be concluded that the provisions falling under Section 194C of the Income Tax Act will not apply as UISPL is not the person responsible for making the payments and it has not entered into any contract with the driver-partners and no work is carried out by the driver-partners for UISPL.

Uber India Not Liable for TDS on Driver Payments: ITAT

Facts of the Case

The assessee Company is incorporated in India named M/s United India Systems Private Limited (UISPL) which is involved in the business of providing marketing services to Uber BV, a company which is established in the Netherlands.

Uber BV is a technology company and has licence to operate Uber App that provides lead generation services to independent transport services providers, i.e. to the drivers partners.

Issue Involved

The Assessing Officer was of the view that the contract of transportation exists between the driver partners and the assessee (UISPL) and therefore the assessee (UISPL) is liable to deduct tax at source while making payment to the drivers under section 194C of the Income Tax Act.

A survey under section 133A(2A) of the Income Tax Act was made on the office of the assessee, and based on the findings in these survey proceedings, the Assessing Officer was of the view that the UISPL has failed in his obligations falling under section 194C of the Income Tax Act.

The assessee (UISPL) provides transportation services to the users of the application and these services are provided through the drivers who work for the assessee under a contract.

So, the as per the Assessing Officer, Section 194C would be applicable when the payments are made to the Driver-Partners.

Therefore, the Assessing Officer considered the assessee (UISPL) as assessee in default and calculated tax withholding liability under section 201(1) and interest liability under section 201(1A) of the Income Tax Act.

 

Analysis of the case

It was analysed that Uber BV is recognized as an aggregator and not a service provider which brings us to the basic point that the transportation service is provided by the Driver Partners to the Users directly.

The users are making payments to the drivers and they are the ones who are responsible for the same.

Uber BV and UISPL are not parties to the contract of transportation entered between a User and Driver Partner.

Therefore, neither UISPL nor Uber BV are party to the 'contract of transportation' entered into between a user and the Uber Driver.

 

Conclusion

The ITAT allowed the appeal of the assessee and held that UISPL should not be treated as a person responsible for paying for the purpose of Section 194C and therefore the provisions of section 194C cannot be made applicable thereon.

Hence, the assessee company (UISPL) is not treated as Assessee in default and no legal actions can be passed under Section 201 of the Income Tax Act.

FAQ :

The ITAT ruled that Uber India Systems Private Limited (UISPL) is not liable to deduct Tax Deducted at Source (TDS) for payments made to its driver partners.

Section 194C of the Income Tax Act, which deals with TDS on payments for contracts, was central to the ruling.

The ITAT concluded that UISPL is not the person responsible for making the payments, has not entered into a contract with the driver-partners, and no work is carried out by the drivers for UISPL.

Uber BV is recognised as an aggregator that provides lead generation services to independent transport service providers (drivers) through the Uber App.

The ITAT determined that the transportation service is provided by the driver partners directly to the users, and the contract of transportation is between the user and the driver partner, not UISPL or Uber BV.

UISPL is not treated as an assessee in default, and therefore, no legal actions can be passed against them under Section 201 of the Income Tax Act concerning TDS deductions for driver payments.


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