https://www.taxtmi.com/caselaws?id=357032 Brand fee paid under a brewing agreement was characterised as consideration for use of brand name and trademarks, amounting to royalty liable to tax deduction at source under section 194J rather than a mere contractual payment under section 194C. Because the assessee produced no tangible material to support its different treatment of the payment and the agreement itself described it as brand fee, the plea of bona fide belief failed. The assessee also did not prove reasonable cause under section 273B. Penalty under section 271C for short deduction of tax at source was therefore upheld and the appeals were dismissed. en-us Wed, 14 Mar 2018 00:00:00 +0530 Fri, 16 Mar 2018 08:37:10 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=357032 Brand fee paid under a brewing agreement was characterised as consideration for use of brand name and trademarks, amounting to royalty liable to tax deduction at source under section 194J rather than a mere contractual payment under section 194C. Because the assessee produced no tangible material to support its different treatment of the payment and the agreement itself described it as brand fee, the plea of bona fide belief failed. The assessee also did not prove reasonable cause under section 273B. Penalty under section 271C for short deduction of tax at source was therefore upheld and the appeals were dismissed. Case-Laws Income Tax Wed, 14 Mar 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=357032