2009 (3) TMI 7

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..... 656/2009 (condonation of delay) in ITA 44/2009 and C.M. No. 660/2009 (condonation of delay) in ITA 46/2009 For the reasons stated in the applications, delay in refilling is condoned. CMs stand disposed of. C.M. No. 659/2009 (exemption) in ITA 46/2009  Allowed, subject to all just exceptions. CM stands disposed of. ITA Nos. 44/2009 and 46/2009 1. In these appeals the Rev....

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....bsidiary TVAM (India) Pvt Ltd on account of cost of production of a serial entitled 'Subah Savere'. The Assessing Officer was of the view that the TVAM had rendered 'technical services' and hence, the assessee was required to deduct tax at source under Section 194J of the Act. 3. Similarly, the Assessing Officer was of the view that, in so far as the payments retained by the advertising agencie....

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.... the Tribunal, as well as, the CIT(A) came to the conclusion that TVAM had not rendered any technical services to the assessee but had only transferred its rights in the serial alongwith the right in FCT made available by the Doordarshan to the assessee against consideration paid by the assessee. Based on this finding, the Tribunal concluded that assessee had not made any payment towards technical....

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....act. There is no discernible perversity in the findings returned by the Tribunal and CIT(A). No interference is called for in respect of this issue. 6. As regards the second issue, it is observed that the CIT(A) as well as the ITAT has come to the conclusion that the subject relationship was one of principal to principal; and that it was not a commission which was paid but rather the trade disc....