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2015 (1) TMI 605 - AT - Income TaxTDS u/s 194J - payments made for professional services - assessee is an insurance company - Held that:- Section 194J under sub-section 1 applies when payment is made to a resident towards any sum by way of fee for professional services. The object of the definition clause Explanation (a) is not to identify the ‘resident’, or the recipient, who receives or is paid fee for professional services but to define the services. Thus assessee is liable for payment of TDS for professional services. Default in deducting tax at source - liability to pay interest under section 201(1A) - Held that:- CIT(A) keeping in view the complexity of the issue involved and the feasibility of evidence to be available in the given facts considered the entire issue on the basis that 90% of the advance tax must have been paid by the hospital and, therefore, he has computed the interest on short fall of 10% of TDS amount. Considering the entire conspectus of the case and the voluminous exercise required in obtaining the details, we do not find any infirmity in these findings of ld. CIT(A) as the final conclusion, in any case, will not be materially different from that arrived at by ld. CIT(A) and, accordingly, confirm the same, as the interest has been charged up to the due date of filing of return by the deductees. We are not in agreement with the submissions of ld. counsel for the assessee that the interest should have been charged only up to the 31st March of financial year because as held by Hon’ble Madras High Court in the case of CIT Vs. Chennai Metropolitan Water Supply and Sewerage Board [2011 (9) TMI 224 - CHENNAI, HIGH COURT], interest is required to be paid up to the date on which the return had been filed by the payee. Decided against revenue as well as assessee.
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