Texas Instruments (India) (P.) Ltd. v. ACIT (2020)183 ITD 7/ 195 DTR 347/207 TTJ 586 (Bang.)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-lease rentals-lease under finance lease arrangement, no tax at source was to be deducted-Disallowance is held to be not valid. [S. 194C, 194I]

Assessee contended that payment in question was not in nature of rent within meaning of section 194I and, therefore, no tax was to be deducted at source at time of making payment to finance company-Assessing Officer, however, held that amount paid was in nature of a payment to a contractor for execution of a work and assessee ought to have deducted tax at source under section 194C of the Act. On appeal the Tribunal held that payment of lease rentals under a finance lease would not attract provisions of section 194C hence disallowance is held to be not justified. (AY. 2008-09)