Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2016 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (4) TMI 1165 - AT - Income TaxTDS u/s 194J - Addition made on account of internet charges for non deduction of tds - whether use of internet charges falls within the ambit of section 9(1)(vi) Explanation -2(iva) and 2(vi) - Held that:- Madras High Court in the case of Skycell Communications Ltd.(2001 (2) TMI 57 - MADRAS High Court) supports the stand of the CIT(Appeals) that payments made to obtain internet facility from BSNL would not be covered within the meaning of 'fee for technical services' so as to be liable for deduction of tax at source under section 194J as it is a payment for obtaining a standard facility and not for technical services. - Decided in favour of assessee TDS u/s 194H - Bank guarantee charges paid to the bank - tds liability - Held that:- The Mumbai Bench of Tribunal in the case of Kotak Securities Ltd. vs. DCIT, (2012 (2) TMI 77 - ITAT MUMBAI ) has held that bank guarantee charges are not liable for deduction of tax under section 194H on the ground that such transactions are on principal to principal basis and the element of agency which is essential to cover it as 'commission' as per Explanation to section 194H is absent.- Decided in favour of assessee
|