2019 (2) TMI 536

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.....C.: 1. Revenue has filed this appeal against the judgment of the Income Tax Appellate Tribunal. Following questions were pressed before us: "1. Whether on the facts and in the circumstances of the case and in law, the ITAT erred in not accepting the fact that the payment made to M/s SHCIL Ltd., being a holding company of the assessee falls within the purview of section 194J of the Income Ta....

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....ia Limited. He was of the opinion that on such payments the assessee ought to have deducted tax at source in terms of Section 194J of the Income Tax Act, 1961 ("the Act" for short). The assessee contended that such payment is covered under Section 194H of the Act, which contains a specific provision to this effect and that by virtue of the explanation to Section 194H, on payment of brokerage towar....

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....l and technical services. In comparison, Section 194H pertains to requirement of deduction of tax at source on payment of commission of brokerage. Relevant portion of Section 194H reads as under: "Any person, not being an individual or a Hindu undivided family, who is responsible for paying, on or after the 1st day of June, 2001, to a resident, any income by way of commission (not being insuran....