is TDS on Facilitation Fees applicable?

This query is : Resolved 

06 July 2010 Dear All
The company has obtained a right to earn future income from a trust, to obtain this right the company has made an advance payment towards facilitation fees, this item is shown as capital WIP till the complete payment is made. subsequent to completion of payment this rights will be shown under the group Fixed Assets as Intengible Assets.
My question is whether TDS applicable for this facilitation fees paid?
if yes under which section and what will be the rate?
if no then why?

thanks to all in advance
plz reply soon
its urgent

06 July 2010 TDS IS NOT APPLICABLE AS IT IS A CAPITAL EXPENDITURE.

06 July 2010 plz give some more information details as why TDS not applicable on particular situation

and thanks for replying

06 July 2010 if possible plz provide some case law also

thanks and regards


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