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2019 (10) TMI 8 - AT - Income TaxRevision u/s 263 - payments made to the licensor for obtaining TV signals for cable TV Network was liable for TDS u/s 194C - whether payments covered u/s 40A(3) had been made on account of account payee cheques - HELD THAT:- As relying on M/S KURUKSHETRA DARPANS PVT. LTD. VERSUS THE COMMISSIONER OF INCOME TAX [2008 (3) TMI 48 - HIGH COURT PUNJAB AND HARYANA] there was a wrong assumption of facts and law in this case by the Assessing Officer because of which he did not make the disallowance u/s 40A(ia) of the Act. It is also apparent that the Assessing Officer has also ignored the observations made by the Auditor in his report that the assessee had not given any certificate to the effect that all the payments covered u/s 40A(3) have been made by account payee cheques. In view of this, we do not find any infirmity in the order of the Ld. PCIT in holding that the order of the Assessing Officer was erroneous and prejudicial to the interest of Revenue. We, therefore, do not find any merit in this appeal of the assessee and the same is accordingly dismissed.
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