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No TDS on Payment Gateway Charges paid by Make My Trip
Case Law Details
- Case Name
- MakeMy Trip (India) Pvt. Ltd. Vs DCIT (ITAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2007-08 & 2008-09
- Courts
- All ITAT, ITAT Delhi
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MakeMy Trip (India) Pvt. Ltd. Vs DCIT (ITAT Delhi)
The issue under consideration is whether the Payment Gateway facilities provided by banks are liable for TDS provisions?
In the present case, during the course of assessment proceedings, the AO noted that the assessee has claimed bank charges and payment gateway charges in the P&L Account. AO stated that Np TDS has been deducted on these expense and hence assessee is assessee in default.
ITAT state that, relying on various decisions, it was submitted that neither the provisions of section 194H nor the provisions of section 194J are applica...






