TMI Blog2018 (2) TMI 744X X X X Extracts X X X X X X X X Extracts X X X X ..... . Viswanethra Ravi, JM This appeal by the Assessee is directed against the order of the Commissioner of Income Tax (Appeals)- 24, Kolkata dt. 31-12-2015 for the A.Y 2011-12. 2. The ld.AR submits that the grounds of appeal as raised in this appeal by the assessee are squarely covered by the order dt. 21-06- 2017 in ITA No. 4106/Mum/2014 reported in 2017(8) TMI 714-ITAT Mumbai in the case of Destimoney Securities Pvt. Ltd Vs. ITO (TDS)(OSD)-1(3), Mumbai, copy of the same is on record and referred to para 11 of said order and argued that no TDS is required to be made on payments made towards internet and communication charges. 3. On the other hand, the ld.DR did not controvert the same by brining on record contrary to the said order o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by holding no TDS is required u/s. 194C and 194J on broad band charges and confirmed the payment made to HCL Infinet and HCL Comnet and liable to deduction of TDS. 6. We further find that the Co-ordinate Bench of ITAT, Mumbai in the case of supra, held that there is no requirement of deduction of TDS on payments made towards internet and communication charges by placing reliance on the decision of the Hon ble Supreme Court in the case of CIT Vs. Kotak Securities Ltd reported in (2016) 383 ITR 1(SC). We find that the facts in the case of supra of the ITAT Mumbai are similar with that of the case in hand. For better understanding, we may refer to the para 11 of the order dt. 21-06-2017 of the ITAT Mumbai in the case of supra, which is repr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e to all members of the stock exchange in respect of every transaction that is entered into. There is nothing special, exclusive or customised service that is rendered by the Stock Exchange. Technical services like Managerial and Consultancy service would denote seeking of services to cater to the special needs of the consumer/user as may be felt necessary and the making of the same available by the service provider. It is the above feature that would distinguish/identify a service provided from a facility offered. While the former is special and exclusive to the seeker of the service, the latter, even if termed as a service, is available to all and would therefore stand out in distinction to the former. The service provided by the Stoc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the transaction value) over and above the charges for the membership in the Stock Exchange. The above features of the services provided by the Stock Exchange would make the same a kind of a facility provided by the Stock Exchange for transacting business rather than a technical service provided to one or a section of the members of the Stock Exchange to deal with special situations faced by such a member(s) or the special needs of such member(s) in the conduct of business in the Stock Exchange. In other words, there is no exclusivity to the services rendered by the Stock Exchange and each and every member has to necessarily avail of such services in the normal course of trading in securities in the Stock Exchange. Such services, therefore, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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