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2017 (9) TMI 1214 - AT - Income TaxShort deduction of tds - “Allocable Capex Cost” which means the cost of seats blocked by each business unit - TDS at 10% u/s 194I OR 2% u/s 194C - Addition u/s 40(a)(ia) - Held that:- Basing on the decisions of Calcutta High Court in CIT vs. S.K. Tekriwal (Calcutta) High Court (2012 (12) TMI 873 - CALCUTTA HIGH COURT) and M/s Solutions Infosystems (P) Ltd. vs. ITO [2013 (12) TMI 1531 - ITAT DELHI] CIT (A) held that Section 40(a)(ia) has no application in respect of short deduction of tax. The finding of the Ld. CIT (A) is based on binding precedents, unassailable and, therefore, we confirm the same. Insofar as the observations of the Ld. CIT (A) as to the deductibility of tax at 10%, the assessee is at liberty to put forth their contentions before the AO (TDS) in appropriate proceedings. With this view of the matter, we dismissed the appeal and cross objection.
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