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M/s. Shriram Insight Share Brokers Versus JCIT, Range-59 (TDS) , Kolkata

2018 (2) TMI 744 - ITAT KOLKATA

TDS u/s. 194C and 194J on broad band charges - payment made to HCL Infinet and HCL Comnet - Held that:- The grounds of appeal as raised in this appeal by the assessee are squarely covered [2017 (8) TMI 714 - ITAT MUMBAI] no TDS is required to be made on payments made towards internet and communication charges. - Decided in favour of assessee. - I.T.A No. 433/Kol/2016 - Dated:- 9-2-2018 - Shri J. Sudhakar Reddy, Accountant Member And Shri S.S. Viswanethra Ravi, Judicial Member For the Appellant : .....

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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 of the ITAT, Mumbai. He relied on the orders of the AO and CIT-A. 4. Heard rival submissions and perused material on record including the paper book det .....

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fferent locations. Such payments were made for use of standard facilities and the provisions of section 194C and 194J of the Act are not applicable as there was no contract for carrying out any work and the payment was not a fee for technical services. In support of this contention, the assessee placed on various case laws before the AO. The AO found that the submissions of the assessee is not acceptable and for non deduction of TDS u/s. 194C and 194J of the Act on such payments charged interest .....

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f 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 .....

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uction of any tax at source, as the same are merely in the nature of payments which cannot be characterized as having been made for availing of any special, exclusive or customized services rendered to the user or consumer who may approach the service provider for such service. We find that the issue involved in the present case is squarely covered by the Judgment of the Hon'ble Supreme Court in the case of CIT Vs. Kotak Securities Ltd. (2016) 383 ITR 1) (SC), wherein the Hon'ble Apex Co .....

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provided for by the Stock Exchange.All such services, fully automated, are available 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 availa .....

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user or consumer who may approach the service provider for such assistance/service. It is only service of the above kind that, according to us, should come within the ambit of the expression "technical services" appearing in Explanation 2 of Section 9(1)(vii) of the Act. In the absence of the above distinguishing feature, service, though rendered, would be mere in the nature of a facility offered or available which would not be covered by the aforesaid provision of the Act. 9. There is .....

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n of trading through an alternative mode is not correct. A member who wants to conduct his daily business in the Stock Exchange has no option but to avail of such services. Each and every transaction by a member involves the use of the services provided by the Stock Exchange for which a member is compulsorily required to pay an additional charge (based on the transaction value) over and above the charges for the membership in the Stock Exchange. The above features of the services provided by the .....

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