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    <title>2025 (8) TMI 130 - ITAT CHENNAI</title>
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    <description>The ITAT Chennai held that no TDS under section 194J is applicable on clearing or professional charges paid to the payment system company, as the amounts are auto-deducted electronically by CCIL from members&#039; accounts without direct payment by the appellant. Since CCIL has paid tax on these charges, the appellant cannot be held liable for non-deduction. The tribunal relied on notification 47/2016 and Supreme Court principles allowing retrospective application of beneficial circulars. It was clarified that issuing Form 26A is the deductee&#039;s responsibility, not the deductor&#039;s. Consequently, the ITAT set aside the lower authorities&#039; order and directed the AO to delete the addition, allowing the appellant&#039;s appeal.</description>
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      <title>2025 (8) TMI 130 - ITAT CHENNAI</title>
      <link>https://www.taxtmi.com/caselaws?id=775943</link>
      <description>The ITAT Chennai held that no TDS under section 194J is applicable on clearing or professional charges paid to the payment system company, as the amounts are auto-deducted electronically by CCIL from members&#039; accounts without direct payment by the appellant. Since CCIL has paid tax on these charges, the appellant cannot be held liable for non-deduction. The tribunal relied on notification 47/2016 and Supreme Court principles allowing retrospective application of beneficial circulars. It was clarified that issuing Form 26A is the deductee&#039;s responsibility, not the deductor&#039;s. Consequently, the ITAT set aside the lower authorities&#039; order and directed the AO to delete the addition, allowing the appellant&#039;s appeal.</description>
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