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2017 (5) TMI 1568 - ITAT MUMBAITDS u/s 194I or 194C - payments made by the assessee for hoarding / display rights - Held that:- As clarificatory circular issued by CBDT Circular No. 715 dated 08.08.1995 which clarifies that the nature of advertising contract is for contractual payments and the provisions of section 194C of the Act would be applicable, is enough to explain that the assessee’s payments made to various parties for the purpose of display of the advertisements of assessee’s client do not fall in the category of rent and hence assessee was only required to deduct TDS u/s 194C. This has also support of order of ITAT Coordinate Bench of Mumbai in the case of ITO (TDS) Vs. Roshan Publicity (P) Ltd. [2005 (5) TMI 551 - ITAT MUMBAI] wherein exactly identical view was taken. CIT(A) has rightly held that the assessee is liable to deduct TDS u/s 194C of the Act in respect of the payments in dispute. - Decided against revenue
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