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ITAT held no TDS liability arose for payments made to supplier for railway tracks as no statutory provision mandated tax deduction on material supply payments during the relevant period. Regarding short TDS deduction and interest, matter remanded to AO for verification whether shortfall resulted from exclusion of service tax component. AO directed to examine assessee's accounts and determine issue per CBDT Circular No. 01/2014 guidelines on service tax exclusion from TDS calculations. Appeal partially allowed with matter restored to AO for limited verification of service tax component impact on TDS computation.
ITAT held no TDS liability arose for payments made to supplier for railway tracks as no statutory provision mandated tax deduction on material supply payments during the relevant period. Regarding short TDS deduction and interest, matter remanded to AO for verification whether shortfall resulted from exclusion of service tax component. AO directed to examine assessee's accounts and determine issue per CBDT Circular No. 01/2014 guidelines on service tax exclusion from TDS calculations. Appeal partially allowed with matter restored to AO for limited verification of service tax component impact on TDS computation.
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