making disallowance under section 40(a)(ia) read with Section
194I of the Act account of non-deduction of tax at source on lease line
nature of rent as per section 194I of the I.T. Act?
2. Learned Counsel for the parties pointed out that
question (a) is concluded ... therefore while paying such rental
charges tax at source under section 194I of the Act should have
been deducted.
4. The Tribunal by the impugned
At & T Global Network Services (India) ... vs Addl. Cit, Special Range- 1, New Delhi
Infrastructure Leasing & Financial ... vs Asst Cit 10(1), Mumbai on 28 November, 2019
IN
duly deducted and deposited as per
the provisions of section 194I . During the year assessee had Income from
Other Sources ... paid to Cellnext. Cellnext had deducted tax on this amount
under Section 194I of the Act. Further, on the remaining amount
facts in ont
appreciating the provision laid down in section 194I
of the I.T. Act which says that the rent paid under
any nomenclature ... liable for TDS u/s. 194I .
iii. The Ld. CIT(A) has erred in law and on facts by
ignoring the provisions of circular
ought to have been deducted
u/s. 194I (i.e. @10%) of the Act. Accordingly, the facility fees has been
disallowed wrongly invoking the provisions ... reasons for making the TDS u/s 194C instead of section 194I
and why the provisions of section 40(a)(ia) should not be applied
assessee to Seven Ocean Shipping are covered
by the provisions of section 194I of the Act and therefore, the assessee is liable
to deduct ... Coch/2018
precedent for invoking the provisions of sec. 194C / 194I of the I.T. Act.
As per the agreement, the assessee used to hire
acquisition of hoarding /
display rights would not require TDS under Section 194I of the
Act.
3. Regarding question (a) :- It is an agreed position between ... which of the consideration paid
would be subject to TDS under Section 194I of the Act. The
Assessing Officer's order seems to hold
failure in deduction of taxes
under section 194I of the Act?
6. That the assessee craves to add, delete or modify any of the grounds ... assessee has explained that the liability for deduction of tax under
section 194I ofI.T. Act, 1961 is not attracted in this case