TDS not applicable on Wheeling & Transmission charges u/s 194J/194I if agreement entered is on principal to principal basis

Brief about Case The assessee company was incorporated on 31.05.2005 pursuant to the reorganization of the Maharashtra State Electricity Board. The assessee purchases power from various sources and distributes and sells to its consumers. For the purpose of transmission of power, it has entered into ‘Bulk Power Transmission Agreement’ (BPTA) with Maharashtra State Electricity Transmission Company Limited (MSETCL) and Power Grid Corporation of India Ltd (PGCIL). During the course of survey conducted on 18.12.2008, it was noticed that the assessee had made payment to MSETCL and PGCIL under th...