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No tds deductible on payment for banner advertisement to Yahoo Inc. USA

Case Law Details

Case Name
(Formerly known as Yahoo Web Services India Private Limited). Vs Deputy Commissioner of Income Tax (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2004-05
Courts
ITAT Mumbai
Advertisement Assessee company is a fully owned subsidiary of Yahoo. Inc. USA which is engaged in the business of providing consumer services such as search engine, content and information on wide spectrum of topics, e-mail, chat etc. During the course of assessment proceedings, it was noticed by the A.O. that the assessee has made a payment of Rs. 34,86,947/- to Yahoo Holdings (Hong Kong) Ltd. being cost of services/research material/advertisement media. Since the assessee company did not deduct tax at source from the payment remitted to Yahoo Holdings (Hong Kong) Ltd., the deduction claim...
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