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2020 (1) TMI 824 - HC - Income TaxTDS u/s 194J or 194H - payment made to a holding company of the assessee - sub-brokerage payments - company providing various “Professional or Technical Services” - HELD THAT:- As decided in M/S SHCIL SERVICES LTD. [2019 (2) TMI 536 - BOMBAY HIGH COURT] any person responsible for paying to a resident any income by way of commission or brokerage would at the time of crediting of such income to the account of the payee or at the time of payment of such income whichever is earlier, deducted income tax at the rate of 5%. This specific provision requiring deduction of tax at source in relation to payment of commission of brokerage cannot be ignored while examining the payment of brokerage in the present case so as to take the case within the ambit of Section 194J as was admitted by the Assessing Officer, CIT (Appeals) and the Tribunal correctly assessing the statutory position and deleted the disallowance - Decided in favour of assessee.
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