2023 (5) TMI 1038 - AT - Income Tax

TDS u/s 194H - Disallowance u/s 40(a)(ia) - service fees retained by the bank on credit card charges - HELD THAT - As perused the material available on record we find that the coordinate bench of the Tribunal in assessee s own case in Future Retail Limited 2017 (5) TMI 1745 - ITAT MUMBAI for the assessment year 2010-11, after following various judicial pronouncements on similar issue held that the commission paid to the credit card companies is not subject to the TDS provisions of the Act - Decided against revenue.

Summary

Issues involved:
The judgment involves a challenge by the Revenue against the deletion of disallowance made under section 40(a)(ia) of the Income Tax Act, 1961 in respect of service fees retained by the bank on credit card charges for the assessment year 2013-14.

Issue 1: Disallowance under section 40(a)(ia) of the Act
- The Revenue challenged the deletion of disallowance made under section 40(a)(ia) in relation to service fees retained by the bank on credit card charges.
- The Assessing Officer held that the commission paid to credit card charges falls within the preview of section 194H and 194J of the Act, thus necessitating TDS deduction.
- The assessee argued that TDS is not deductible under section 194H on such payments, citing convenience and terms between the bank and merchant establishment.
- The learned CIT(A) allowed the appeal based on previous Tribunal decisions and a High Court ruling supporting the assessee's position.
- The Tribunal upheld the CIT(A)'s decision, citing previous case law and finding no infirmity in the impugned order passed by the CIT(A).
- The appeal by the Revenue was ultimately dismissed.

This summary provides a detailed breakdown of the issues involved in the legal judgment, focusing on the challenge to the disallowance under section 40(a)(ia) of the Income Tax Act, 1961.