2019 (4) TMI 1491

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

..... Hakani for Respondent. ORDER P.C.: ­ 1. This Appeal is filed by the Revenue challenging the Judgment of the Income Tax Appellate Tribunal. 2. Following questions are presented for our consideration. (i) Whether on the facts and in circumstances of the case and in law, the ITAT was justified in deleting the order u/S. 263 of the Income Tax Act, 1961 claiming that it is a ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....order passed by the Commissioner under Section 263 of the Income Tax Act, 1961 which the Tribunal set aside. The Commissioner was of the opinion that the Assessee, while reimbursing the charges for bank guarantee commission, ought to have deducted tax at source. A similar issue was examined by this Court in case of this very Assessee in Income Tax Appeal No.215 of 2017. The Appeal was dismissed by....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ing that the assessment framed is not erroneous and prejudicial to the interest of revenue considering the deduction of TDS for payment of 45 lakhs to Noida Software Technology to be debatable issue ignoring the fact that the nature of service is technical and thus TDS to be deducted @ 10% u/S. 194J of the I.T. Act, 1961 for technical and professional service? 5. The Tribunal, while allowing th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....o be deducted. In this regard the issue of the assessee is very clear on merits also that assessee has rightly deducted tax @ 2% u/s. 194C of the Act on payments made to Noida Software Technology Park Ltd. Even otherwise in view of the decision of the Hon'ble Calcutta High Court in the case of S. K. Tekriwal, supra wherein it has been held that if there is any shortfall due to any difference of op....