Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2017 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (8) TMI 1458 - HC - Income TaxTDS u/s 194C - payment of license fee to the West Bengal State Electricity Regulatory Commission - non deduction of tds - Held that:- The view of the Tribunal in respect of power factor rebate and power interruption charges are essentially findings on fact, upon appreciation of certain technical aspects. It has been held by the Tribunal that power factor rebate is not paid to anybody. It has also been found by the Tribunal that both these charges are adjusted against electricity consumption bills payable by high voltage industrial consumers. The factual basis of these findings have not been contested by the Revenue. We do not find such finding to be perverse. As regards charges paid to Regional Load Despatch Centre (RLDC), the assessee’s stand is that these are in the nature of fees paid to a statutory authority under the Electricity Act, 2003 and as such payment on these heads also cannot constitute fees contemplated in the aforesaid two provisions of the Act. The other head in respect of which expense has been disallowed is payment of license fee in terms of the Electricity Act, 2003 and the 2005 Rules. On this finding also, we do not think the Revenue has made out a case for interference with the Tribunal’s decision. - Decided against revenue
|