Case: DCIT 8 (3)(1) vs. Tata Teleservices (Mah.) Ltd, Mumbai ITAT

Outcome: Assessee

Facts

  • The Assessee Company was engaged in the business of providing telecommunication services. It had paid roaming charges to various operators on which tax was not deducted at source.
  • The Assessing Officer was of the opinion that the roaming services were in the nature of technical services and the Assessee was required to deduct tax at source under section 194J of the Income Tax Act.

Key Points

  • The tribunal placed reliance on the decision of the coordinate Bench in Assessee’s own case, wherein it was concluded that human intervention is required only for installation/ repairing/ service/ maintenance/ capacity augmentation of the network. However, after completing this process, inter–connection between the operators, roaming is done automatically and does not require any human intervention. Hence, such service could not be construed as technical service so as to attract provisions of section 194J.
  • Therefore, the Assessee was justified in not deducting tax at source on roaming charges.

Sign up for free trial to see all the top cases under this issue with Riverus Telescope

Share your thoughts using the comment section below