DCIT v. Barclays Technology Centre India (P.) Ltd. (2021) 187 ITD 632 / 198 DTR 241 / 210 TTJ 128 (Pune)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Leased line charges-Not liable to deduct tax at source-Before insertion of amendment covering leased charges within definition of royalty by Finance Act, 2012 though with retrospective effect from 1-6-1976. [S. 9(1)(vi), 194J]

Tribunal held that when assessee paid leased charges there was no such provision requiring deduction of TDS on payment of leased line charges being royalty, such subsequent retrospective amendment could not be enforced upon assessee so as to make disallowance under section 40(a)(ia) of the Act. leased line charges paid for transmission by any technology, got covered within definition of royalty by insertion of Explanations 4 to 6 to section 9(1)(vi) made by Finance Act, 2012 with retrospective effect from 1-6-1976.  (AY. 2012-13)