SC: Externally Procured Parts Given For Assembly, Not Used in Manufacture, Not Liable to Excise Duty  ||  SC: Upholding Surendra Koli’s Conviction on Rejected Evidence Would Violate Articles 14 and 21  ||  SC: In Execution Petition, Decree-Holder Must Prove Violation by Judgment Debtor  ||  SC: Insurers Must Compensate Accident Victims Despite Policy Breach, Can Recover From Owner  ||  Kerala HC: Long-Term Posting of Same Police Officer at Sabarimala May Affect Transparency, Efficiency  ||  Delhi HC: Post-Dated Cheques Given as Security Attract Section 138 NI Act After Liability Arises  ||  MP High Court: Railways Liable for Deaths on Tracks if it Fails to Take Preventive Measures  ||  Ker HC: NDPS Case Stands Even if Contraband Listed in Ml, if Chemical Report Shows Equivalent Weight  ||  Kerala HC: Father’s Retirement Benefits Can Be Attached for Child Maintenance Despite S.60(1)(g) CPC  ||  Supreme Court: A Decree Declared 'Nullity' Can be Challenged at Any Stage, Including Execution    

Matrimony.com Limited. vs. The ACIT / DCIT / ITO - (Income Tax Appellate Tribunal) (20 Apr 2022)

TDS not liable to be deducted on Advertisement Expenses paid to Online Platforms

MANU/IX/0274/2022

Direct Taxation

The assessee company is engaged in the business of providing services in connection with marriage alliance and related services. The company markets its product both through online and offline advertisements. During the relevant financial year, the company has availed the services of Facebook, Ireland Ltd., for advertisement in order to promote the business of matrimony and incurred advertisement cost. The AO during the course of assessment proceedings, on examination of financials noted that the assessee has not deducted TDS towards advertisement charges paid to Facebook, Ireland Ltd., according to the provisions of Section 195I of Income Tax Act, 1961 and hence, applying the provisions of section 40(a)(i) of the Act, disallowed the advertisement charges paid to Facebook.

Being Aggrieved, assessee preferred appeal before CIT(A). The CIT(A) relying on the case law of Google India Pvt. Ltd., of ITAT, Bangalore confirmed the disallowance. Aggrieved, now assessee is in second appeal before the Tribunal.

The Court observed that ITAT, Bangalore in the case of Urban Ladder Home Décor Solutions Pvt. Ltd., considered the decision of Hon’ble Supreme Court in the case of Engineering Analysis Centre of Excellence Pvt. Ltd., vs. CIT wherein the Hon’ble Supreme Court exactly on same facts held that there is no requirement to deduct tax at source from the advertisement payments made for using the information technology facility u/s.195 of the Act. Thus, as the facts of the present case are exactly same with the one of Urban Ladder, the advertisement charges liable to be allowed as deduction.

Tags : ADVERTISEMENT CHARGES   TDS  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved