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2018 (1) TMI 589 - AT - Income TaxPenalty u/s 271C - non deduction of tds u/s 194J on the amount paid by the assessee to HWML was for the managerial services rendered by the said party - Held that:- Assessee is held to be not liable for deduction of tax at source under section 194J of the Act from the payments made to HWML by the Tribunal in assessee's own case [2018 (1) TMI 549 - ITAT KOLKATA]. The Tribunal thus has upheld the appellate order passed by the Ld. CIT(A) cancelling the demand raised by the A.O. against the assessee under section 201(1)/201(1A) of the Act for all the three years under and consequently the penalties imposed for the said three years under section 271C are liable to be cancelled as agreed given by the learned DR at the time of hearing. We, therefore, uphold the impugned order of the Ld. CIT(A) cancelling the penalties imposed by the A.O. under section 271C of the Act for all the three years under consideration and dismiss these appeals of the revenue.
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