TaxTMI 
TaxTMI 
2017 (9) TMI 1514
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.... of the Income Tax Act, 1961(for short 'the Act') ITA No. 3934/MUM/2015 (Assessment Year: 2012-13) 2. Brief facts of the case are that the assessee engaged in the business of providing media services filed e-TDS statement for all the four quarters for the financial year relevant to the assessment year under consideration as per section 200(3) of the Act. The AO passed order u/s 201(1) and 201(1)(A) of the Act raising demand of Rs. 4,59,58,112/-. In the first appeal the Ld. CIT(A) granted partial relief to the assessee by following the decision dated 29.10.2014 passed by the ITAT Mumbai in assessee's own cases ITA Nos. 4991 & 4992/ Mum/2013 for the assessment years 2010-11 & 2011-12 respectively. Against the said order the revenue is in a....
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....of the AO submitted that the Ld. CIT(A) has wrongly deleted the additions made by the AO u/s 201/201(1A) of the Act. As per the amended definition of rent under section 194I of the Act, payment made by the assessee for hoarding/display rights fall within the preview of section 194I of the Act. The Ld. CIT(A) has wrongly held that payments made as advertisement on hoardings fall within the preview of section 194C. The Ld. DR further submitted that the impugned order is liable to be set aside. 5. On the other hand, the Ld. Counsel for the assessee submitted that the Ld. CIT (A) has rightly decided the issue in favour of the assessee following the order dated 29.10.2014 passed by the ITAT, Mumbai in assessee's own cases ITA Nos. 4991 & 4992/M....
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....nt on that hoarding for a particular period of time. It would not be out of place to consider the following extract from the CBDT Circular No. 715 dated 08.08.1995: 'Question 5: Whether a contract for putting up a hoarding would be covered under section 194C or 194-1 of the Act.? Answer: The contract for putting up a hoarding is in the nature of advertising contract and provisions of section 194C would be applicable. It may, however, be clarified that if a person has taken a particular space on rent and thereafter sub lets the same fully or in part for putting up a hoarding, he would be liable to TDS under section 194-I and not under section 194C of the Act.' 6. Being an advertising/media agency, the assessee does not put up a hoar....
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....r of the assessee in the aforesaid cases and the Ld. CIT(A) has decided the issue involved in the said case by following the decision of the Tribunal, we do not find any infirmity in the impugned order. We, accordingly uphold the order passed by the Ld. CIT(A) and dismiss both the grounds of appeal of the revenue. CO No. 49/MUM/2017 (Assessment Year: 2012-13) The assessee has filed the cross objection on the following grounds: 1. "On the facts and circumstances of the case and in law, the ld. Assessing Officer ('AO') has erred and the ld. Commissioner of Income Tax (Appeals) ('CIT(A)') has further erred in levying interest u/s 201 (1A) of the Income-tax Act, 1961 ('Act') without appreciating the fact that interest u/s 201 (1A) of the A....