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    <title>2005 (12) TMI 217 - ITAT CHANDIGARH-B</title>
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    <description>The Tribunal allowed the appeals, ruling that the interconnect charges paid by the assessee to BSNL did not constitute fees for technical services under section 194J of the IT Act, 1961. Consequently, the requirement to deduct TDS was deemed inapplicable. The Tribunal overturned the CIT(A) and AO&#039;s decisions, emphasizing that utilizing technical infrastructure does not equate to receiving technical services. The Tribunal&#039;s decision was influenced by a similar ruling from the Madras HC, reinforcing that the nature of the service provided by BSNL was non-technical. The alternative plea regarding the recipient&#039;s tax liability was not addressed.</description>
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      <title>2005 (12) TMI 217 - ITAT CHANDIGARH-B</title>
      <link>https://www.taxtmi.com/caselaws?id=61701</link>
      <description>The Tribunal allowed the appeals, ruling that the interconnect charges paid by the assessee to BSNL did not constitute fees for technical services under section 194J of the IT Act, 1961. Consequently, the requirement to deduct TDS was deemed inapplicable. The Tribunal overturned the CIT(A) and AO&#039;s decisions, emphasizing that utilizing technical infrastructure does not equate to receiving technical services. The Tribunal&#039;s decision was influenced by a similar ruling from the Madras HC, reinforcing that the nature of the service provided by BSNL was non-technical. The alternative plea regarding the recipient&#039;s tax liability was not addressed.</description>
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