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TMI Blog2018 (12) TMI 991X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 194H of the Act, therefore, would not arise. No question of law arises. - INCOME TAX APPEAL (IT) NO. 769 OF 2016 - - - Dated:- 4-12-2018 - AKIL KURESHI M.S. SANKLECHA, JJ. Mr. Suresh Kumar for the Appellant Mr. Jehangir Mistri, Senior Counsel a/w Mr. Atul Jasani for the Respondent P.C.: 1. This appeal is filed by the Revenue to challenge the Judgment of the Inco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Income Tax Act, 1961 ( the Act for short). He passed the order of assessment accordingly. The issue eventually reached the Tribunal. the Tribunal, by a brief impugned order, dismissed the Revenue's appeal following its own judgment in case of Kotak Securities Limited. 3. Learned counsel for the Revenue stated that the Revenue had filed an appeal against the judgment of the Tribunal in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore, held that the requirement of deducting tax at source emanating from Section 194H of the Act in the present case does not arise. 4. We are broadly in agreement with the view of the Tribunal. The so called bank guarantee commission is not in the nature of commission paid to an agent but it is in the nature of bank charges for providing one of the banking service. The requirement of Section ..... X X X X Extracts X X X X X X X X Extracts X X X X
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