Section 194C, 194J of Income Tax Act, 1961—  The core issue involved in the present appeal is as to whether any obligation was cast upon the assessee to subject the “carriage fees” paid to the cable operators for deduction of tax at source under Sec.194J, or not. AO opined that tax was required to be deducted at higher rates of 10% u/s 194J / 194H. Therefore, wrong deduction of tax would attract disallowance u/s 40(a)(ia)

Held that—we find, that the Hon’ble High Court of Bombay in the case of CIT, TDS-2, Mumbai Vs. UTV Entertainment Television Ltd. (2017) 399 ITR 443 (Bom), had observed, that in case of an assessee carrying on the business of broadcasting television channels, the payments made towards placement charges would fall within the meaning of “work” covered in Clause (iv) of Explanation to Sec.194C of the Act. On the basis of our aforesaid observations, we are of the considered view, that the CIT(A) had rightly vacated the disallowance of Rs. 25,24,75,535/- that was made by the A.O under Sec. 40(a)(ia) of the Act. Accordingly, finding no infirmity in the order of the CIT(A), we uphold the same.[ACIT-16 (1) , MUMBAI VERSUS M/S. T.V. VISION LTD.] [2019] 20 ITCD Online (1) [ITAT MUMBAI]