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2017 (3) TMI 427 - AT - Income TaxDeduction of TDS u/s 194H - agency discount allowed by the assessee - assessee is in the business of operating FM Radio broadcasting stations - Held that:- The issue of obligation of deduction of tax at source by the Television Channels or Media Companies upon the payments made to advertising agencies has been settled by the board in its circular No.5/2016 dated 29th February 2016. Thus, from the above circular it is clear that this issue is now settled in favour of the assessee on the basis of judgments in the case of Jagran Prakashan Ltd. [2014 (5) TMI 482 - ALLAHABAD HIGH COURT ] and T.V. Today Network Ltd. [2014 (1) TMI 1405 - DELHI HIGH COURT ] taken a clear stand that no TDS is required to be deducted on the impugned payments made by the assessee to the advertising agency. - Decided in favour of assessee TDS u/s 194J OR 192 - payments made to Radio Jockey(ies) - Held that:- On examination of various clauses of the agreement, it is noted that neither it is mentioned anywhere that RJ would be employee of the assessee, nor it can be concluded on the basis of holistic reading of the entire agreement that there was any employer-employee relationship between assessee and RJs. Thus as there was no relationship of master and servant between the assessee and RJ. Nothing has been brought before us by the AO or by Ld. DR to establish any such relationship between the two. Under these circumstances, we find that the order of Ld. CIT(A) holding that the assessee company has rightly deducted the tax at source u/s 194J is perfect. - Decided against revenue
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