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TDS oon transmission of elecrticity

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(Querist)
15 March 2010 Sir,

Our compny is a electricity distribution company,received electricity from the transmission lines of other company,while making TDS on transmission charges we are deducting TDS under section 194C as a transportation service,but our TDS assessing officer contended that this payments sre comes under perview of 194J "royalty".

pl suggest me whether assessing officer contention is correct or not,if not, pl.inform the relevent case laws or others to contend the case.


yours faith fully

G Ramesh babu
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CMA. CS. Sanjay Gupta

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CMA. CS. Sanjay Gupta (Expert)
15 March 2010 Dear Ramesh,

Contention of TDS AO is right. Your expenses does not come within the perview of transportation charges u/s194C. It comes u/s194J.

Regards.
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