Please refer the order. Hope this may prove to be useful to you.
Accordingly, tds would not be applicable in the given case as the case is similar to the order attached here
I would like to bring to the notice of the experts. There is one judgement passed by Delhi bench of ITAT, case of Hero Moto Corp Ltd vs CIT (2013) 60 SOT 25 passing an opinion that tds should be deducted u/s 194I in respect of rent and 194C in respect of catering services whereas Bangalore bench of ITAT, case of M/s Ratnagiri Impex Pvt Ltd vs DCIT (2014) passing an opinion that tds would not be required to be deducted
Based on the above two cases, which judgement needs to be followed is just not. Will jurisdiction rule applies where there is different opinion given by 2 ITAT.
HOWEVER in case of East India Hotels vs. CBDT in CWP No.2 104 of 1994, Bombay HC held that 194C will not be applicable
Don't know what to follow and what not to follow
Please find attached Hero Moto Corp case law.
Awaiting for definite and absolute reply
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