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    <title>2024 (2) TMI 835 - ITAT DELHI</title>
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    <description>Minimum guarantee expense paid under a hotel arrangement was examined for TDS under section 194C of the Income-tax Act. The payment was found to be a compensatory amount linked to shortfall in agreed occupancy benchmarks, not consideration for carrying out any work by the hotels for the assessee. Because the essential requirement of a contract for work was absent, section 194C did not apply and no tax was deductible at source. As a result, the related disallowance under section 40(a)(ia) was deleted in favour of the assessee.</description>
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      <description>Minimum guarantee expense paid under a hotel arrangement was examined for TDS under section 194C of the Income-tax Act. The payment was found to be a compensatory amount linked to shortfall in agreed occupancy benchmarks, not consideration for carrying out any work by the hotels for the assessee. Because the essential requirement of a contract for work was absent, section 194C did not apply and no tax was deductible at source. As a result, the related disallowance under section 40(a)(ia) was deleted in favour of the assessee.</description>
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