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Income Tax

TDS not deductible on payment for usage of rights for internet/ telecom facility

Case Law Details

Case Name
RBS Business Services Pvt. Ltd. Vs DCIT (TDS) (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2009-10
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RBS Business Services Pvt. Ltd. Vs DCIT (TDS) (ITAT Delhi) Held that payment made for usage of rights for the internet and telecom facility doesn’t fall in the nature of work defined u/s 194C and hence TDS not deductible. Facts- DCIT(TDS) held that the assessee has defaulting in not deducting tax u/s 194J of the Income Tax Act, 1961 on payment made to M/s Airtel and M/s Reliance Industries for lease line charges and broad band charges. CIT(A) hold that the payments are not in the nature of ‘fees for technical services’ but the payments are liable for withholding u/s 194C. Conclusion- In ...
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