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Income Tax Appellate Tribunal, “A” BENCH, MUMBAI
Before: SHRI D. KARUNAKARA RAO & SHRI SAKTIJIT DEY
सुनवाई की तायीख / Date of Hearing : 29.08.2016 घोषणा की तायीख /Date of Pronouncement : 23.09.2016 आदेश / O R D E R
PER D. KARUNAKARA RAO, AM:
This appeal filed by the Revenue on 1.5.2014 is against the order of the CIT (A)-14, Mumbai dated 19.2.2014 for the assessment year 2010-2011. In this appeal, Revenue raised the following grounds which read as under:- “(i) On the facts and in the circumstances of the case and in law, the Ld CIT (A) failed to appreciate that the services provided by Search Light Movies is far beyond the mere supply of labour and the very nature of services rendered suggest that they are technical, as envisaged in the Explanation 2 to section 9(1)(vii) of the Act and ought to be subjected to TDS u/s 194J of the Act. (ii) On the facts and in the circumstances of the case and in law, the Ld CIT (A) has erred in deleting the interest u/s 201(1A) of the Act, 1961 as interest deletion is consequential to the quantum deletion for which further appeal has been recommended vide ground no.1.”
2. In this appeal, Revenue is aggrieved with the order of the CIT (A) to the extent that the payments made to Search Light Movies constitutes „technical services‟ within the meaning of Explanation 2 to section 9(1)(vii) of the Act. Therefore, these