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2016 (1) TMI 1184 - AT - Income TaxTDS u/s 194I - Disallowance u/s.40(a)(ia) - non deduction of tds on amount paid for maintenance of Nala Park Garden/Osho Teerth Garden where advertisement board of the assessee company are displayed - Held that:- Since in the instant case the assessee has paid an amount of ₹ 15 lakhs to Shunyo Foundation for maintenance of Nala Park Garden which belongs to Osho Ashram and the park is open to the public at large and since the assessee does not have any possessory control over the said land, therefore, the provisions of section 194I, is not applicable to the facts of the present case. The amount of ₹ 15 lakhs paid by the assessee is for publicity and is an allowable expenditure on account of commercial expediency. Merely because the assessee has displayed the said advertisement board to display the Osho Time Magazines and books that are printed and published by the assessee, the same in my opinion cannot be a ground to invoke the provisions of section 194I for the amount paid to Shunyo Foundation, which incurs the expenditure for maintenance of that park. The Assessing Officer, has wrongly invoked the provisions of section 194I - Decided in favour of assessee.
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