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2008 (3) TMI 2 - HC - Income TaxTDS u/s 194H on milk and milk products sold by it through concessionaires appointed by the Assessee - ownership of the milk booth rests with the assessee - unsold milk is taken back - sale collections are on daily basis held that there is principle to agent relationship TDS applicable
Issues:
Whether the assessee was liable to deduct tax at source on milk and milk products sold through concessionaires appointed by it. Analysis: The case involved a dispute regarding the liability of the assessee to deduct tax at source on milk and milk products sold through concessionaires appointed by it. A survey operation under Section 133A of the Income Tax Act, 1961 revealed that the assessee was not deducting tax on the commission paid to its agents. The assessee contended that there was no principal to agent relationship, but a principal to principal relationship, hence the commission was not applicable. However, this contention was rejected by the Assessing Officer, Commissioner of Income Tax (Appeals), and the Tribunal. The court considered the ownership of milk booths, the collection of unsold milk by the assessee, daily cash collections from concessionaires, and the prohibition on selling other products or brands as factors indicating that the concessionaires were selling on behalf of the assessee and receiving a commission. The definition of commission under Section 194-H of the Act was cited to support this conclusion. The court distinguished between commission and discount based on legal precedents. It was established that the transaction between the assessee and concessionaires was a principal to agent relationship, as the milk and milk products were not sold to concessionaires but taken back unsold without price reduction. The Tribunal's findings on ownership, control, and terms of appointment between the parties were upheld as factual and not perverse. Ultimately, the court held that no substantial question of law arose from the case and dismissed the appeal without costs.
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