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No disallowance u/s 40(a)(ia) on payment to film distributors u/s 40(a)(ia) if not subject to TDS
Case Law Details
- Case Name
- ITO Vs M/s. Eylex Films Pvt. Ltd. (ITAT Ahmedabad)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2014-15 & 2013-14
- Courts
- All ITAT, ITAT Ahmedabad
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ITO Vs M/s. Eylex Films Pvt. Ltd. (ITAT Ahmedabad)
Conclusion –
Payment to the film distributors is not subject to TDS and therefore disallowing expense by invoking the provisions of Section 40(a)(ia) is not justified
Facts –
Assessee is engaged in the business of exhibition of cinematographic films by procuring the same from the distributor.
AO disallowed expense of INR 4,76,27,714 u/s 40(a)(ia) on account of non-deduction of TDS and contended that payment made to the distributors are in the nature of royalty and hence TDS needs to be deducted.
Assessee contended that the...
If Film Distributor doing the payment to Film producer for purchasing the rights of film then, TDS will be dedcuted u/s 194J or not.?