Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2019 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (12) TMI 673 - AT - Income TaxTDS u/s 194J - Disallowance u/s 40(a)(ia) - bank guarantee charges - HELD THAT:- There is nothing on record to show that the assessee actually sought any technical services from Bank or that the Bank actually provided any technical services to the assessee or that the aforesaid payment was made by the assessee to the Bank as fees for technical services. Thus, we are of the view that the finding of the Ld. CIT(A) that the payment was made by the assessee to the Bank on account of technical services; is without any basis and without any supporting materials. Therefore, the conclusion of Ld. CIT(A), arrived at without any basis and without any supporting materials, cannot be upheld. In view of the foregoing, and respectfully following the precedents and order of Hon’ble Supreme Court in the case of CIT vs. Kotak Securities Ltd. [2016 (3) TMI 1026 - SUPREME COURT] we decide the disputed issue in the present appeal before us in favour of the assessee
|