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2015 (10) TMI 745 - ITAT HYDERABAD

2015 (10) TMI 745 - ITAT HYDERABAD - TMI - Levy of interest on short deduction of tax u/s 201(1A) - Assessee had deducted TDS u/s. 194C on the amounts paid to A.P. Genco Ltd. for operation and maintenance of Plants - AO was of the opinion that assessee should have deducted tax u/s. 194J at 10% on O&M Charges - CIT(A) deleted the levy of interest - Held that:- Nothing was brought on record to counter the findings of Ld. CIT(A). As seen from the copy of the agreement placed on record along with de .....

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-C].

The payment made by the appellant for carrying out entire operation and maintenance of power plant cannot be treated as fees for professional/technical services, therefore, the liability of TDS is under 194C and not U/s. 194J. As the appellant had correctly deducted TDS U/s.194C, the question of levying interest U/s. 201(1A) does not arise - Decided against revenue. - ITA No. 674/HYD/2015 - Dated:- 18-9-2015 - Smt. P. Madhavi Devi, JM And B. Ramakotaiah, AM For the Appellant : S .....

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26,520/- and Repairs and Maintenance of Plant & Machinery of ₹ 9,44,32,957/-. In the course of verification of TDS, AO found out that assessee had entered into an agreement with A.P. Genco Ltd., on 25-03-2006 for operation and maintenance of Plants. Assessee had deducted TDS u/s. 194C on the amounts paid to A.P. Genco Ltd. AO was of the opinion that assessee should have deducted tax u/s. 194J at 10% on O&M Charges. Since A.P. Genco to whom the payments were made had already paid ta .....

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rent purposes. Therefore, the entire payment cannot be categorized as the payment for contract work. c. The assessee s reliance on the decision of ITAT, Ahmadabad Bench, in the case of Gujarat State Electricity Corporation Vs. ITO 82 TTJ 456, can be distinguished on the facts". 4. Before the CIT(A) it was explained that: "a. That appellant company is engaged in the business of generation and sale of power for which it had set up its power plants. O&M of such power plants was entrus .....

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oration. d. The interest U/s. 201(1A) cannot be levied where the deductee has already admitted the amounts received and paid the taxes thereon". 5. On consideration of submissions of assessee, Ld. CIT(A) deleted the levy of interest by stating as under: "6. The information on record is carefully considered. The agreement for operation and maintenance of 272 MW Gas Turbo Power Station, Vijjeswaram, entered between the appellant and AP Genco vide agreement dated 25.03.2006 was carefully .....

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ealth and security of personnel • Incident reporting • Performance monitoring • Record keeping • Procurement of all spares, chemicals, materials, etc. • Engineering and documentation archive management • Personnel Administration • Budgeting, cost control and accounting • Settlement of insurance claims • Security, liaison and public relations • Maintenance of green belt • Maintenance of company owned vehicles • Maintenance of quarters &b .....

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onal services as per Explanation (a) of section 194J are as under: "professional services'; means services rendered by a person in the course of carrying on legal, medical, engineering or architectural profession or the profession of accountancy or technical consultancy or interior decoration or advertising or such other profession as is notified by the Board for the purposes of section 44AA or of this section. Further, the technical services as defined u/s, 9(1)(vii) Explanation (2) ar .....

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ies". c Further, the facts of the present case are identical with the facts of Gujarat State Electricity Corporation Vs. ITO (cited supra) wherein the Hon'ble ITAT, Ahmadabad Bench held; "…….. on a careful reading of the entire agreement dated 14-10-1998, we are of the view that the payment made by the appellant company to GEB was a payment made for carrying out the mega project of entire operation and maintenance of power plants undertaken by the GEB. Such payment wo .....

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