Meaning of “Any other agreement or arrangement”

The meaning of any other agreement or arrangement under section 194 to 206C of the Income Tax Act is not defined in the act itself. But we can take guidance from decisions by various high courts. Here are excerpts of courts orders in which the Hon’ble High Court tried to explain the meaning of any other agreement or arrangement.

Meaning of any other agreement or arrangement defined by court

The phrase ‘any other agreement or arrangement’ used in 194 to 206C of the Income Tax Act came up before various high courts as detailed under :

1. Hon’ble ITAT- Delhi explained the meaning of ‘any other agreement or arrangement’ while delivering judgment in Eli Lilly & co. (India) (p.) Ltd. vs. Dy. CIT [2006] 99 TTJ (Delhi – Trib.) 461 as under :

Meaning : The words ‘any other agreement or arrangement’ used in the definition of rent of explanation to section 194-i has to be read ejusdem generis with the expression ‘lease, sub-lease or tenancy’. In other words, ‘any other agreement or arrangement’ contemplated by the definition should also be of the same nature as that of lease, sub-lease or tenancy.

2. Hon’ble Mumbai high court explained the meaning of ‘ any other agreement or arrangement ‘ while delivering judgment in Vodafone Essar Ltd. V. Dy. Cit (TDS) [2011] 45 SOT 82 (URO)/135 TTJ 385/9 ITR (Trib.) 182/9 Taxmann.Com 31 (Mum.) as under :

Meaning : Under the explanation (i) to section 194-i ‘rent’ means any payment by whatever name called under any lease, sub-lease or tenancy or ‘any other agreement or arrangement for the use of….’ The assets mentioned therein.

The emphasis of the provision is upon the ‘use’ of the asset; so long as such condition is satisfied, any agreement or arrangement, whether it is similar or not in nature to a lease, sub-lease or tenancy is taken in by the explanation (i).

Thus, the words ‘any other agreement or arrangement’ have been advisedly employed to include transactions involving use of the property without involving any transfer of interest therein, as in the cases of lease, sub-lease or tenancy. That is why the emphasis of the explanation (i) is on the ‘use’ of the property, rather than on the question whether there is a transfer or not of any interest in the property.

Section 194 to 206C of Income Tax Act

Dividends.

194. The principal officer of an Indian company or a company which has made the prescribed arrangements for the declaration and payment of dividends (including dividends on preference shares) within India, shall, before making any payment by any mode in respect of any dividend or before making any distribution or payment to a shareholder, who is resident in India, of any dividend within the meaning of sub-clause (a) or sub-clause (b) or sub-clause (c) or sub-clause (d) or sub-clause (e) of clause (22) of section 2, deduct from the amount of such dividend, income-tax at the rate of ten per cent :

Provided that no such deduction shall be made in the case of a shareholder, being an individual, if—

(a) the dividend is paid by the company by 44[any mode other than cash]; and

(b) the amount of such dividend or, as the case may be, the aggregate of the amounts of such dividend distributed or paid or likely to be distributed or paid during the financial year by the company to the shareholder, does not exceed five thousand rupees:

Provided further that the provisions of this section shall not apply to such income credited or paid to—

(a) the Life Insurance Corporation of India established under the Life Insurance Corporation Act, 1956 (31 of 1956), in respect of any shares owned by it or in which it has full beneficial interest;

(b) the General Insurance Corporation of India (hereafter in this proviso referred to as the Corporation) or to any of the four companies (hereafter in this proviso referred to as such company), formed by virtue of the schemes framed under sub-section (1) of section 16 of the General Insurance Business (Nationalisation) Act, 1972 (57 of 1972), in respect of any shares owned by the Corporation or such company or in which the Corporation or such company has full beneficial interest;

(c) any other insurer in respect of any shares owned by it or in which it has full beneficial interest;

[(d) a “business trust”, as defined in clause (13A) of section 2, by a special purpose vehicle referred to in the Explanation to clause (23FC) of section 10;

(e) any other person as may be notified by the Central Government in the Official Gazette in this behalf.]

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In this article, you can get guidance from high courts on the meaning of any other agreement or arrangement under section 194 to 206C of the Income Tax Act.

Updated up to Finance Act 2021