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| The Tax Publishers2019 TaxPub(DT) 2700 (Mum-Trib) INCOME TAX ACT, 1961
Section 194J
In case of assessee carrying on business of broadcasting of television channels', payments of transponder hire charges channel placement fees was not royalty in terms of Explanation 2 to section 9(i)(vi) and therefore, no disallowance could be made under section 40(a)(ia) for want of TDS under section 194J.
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Tax deduction at source - Under section 194J - Royalty - Transponder hire charges channel placement fees paid by assessee engaged in business of broadcasting
Assessee engaged in broadcasting business claimed deduction of transponder hire charges channel placement fees. AO treated the payment to be in the nature of royalty and accordingly disallowed deduction for want of TDS under section 194J. Held: Transponder hire charges channel placement fees was not royalty in terms of Explanation 2 to section 9(i)(vi) and therefore, no disallowance could be made under section 40(a)(ia) for want of TDS under section 194J.
Followed:CIT v. NGC Networks (India) (P) Ltd. ITA No. 397 of 2015.
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2012-13
INCOME TAX ACT, 1961
Section 14A
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