2024 (3) TMI 621 - SCH - Income Tax

TDS u/s 194H - non-deduction of taxes on payments made to distributors towards price protection and special price clearance discounts - relationship between the assessee and the distributor is that of Principal to Principal OR Principal to Agent - as decided by HC 2023 (8) TMI 456 - KARNATAKA HIGH COURT inventory risk after acquiring the product is that of the distributor. Payment from the distributor to assessee has no link with the further sales made by the distributor. commission or brokerage is described in explanation to Section 194H and CIT(A) that payment from the distributor to the assessee has no link with the further sale made by the distributor and same having been confirmed - HELD THAT - As petitioner submits that the matter is covered by the decision of this Court in Bharti Cellular Limited (Now Bharti Airtel Limited) 2024 (3) TMI 41 - SUPREME COURT - In view of the statement made, Special Petition is dismissed as being covered by the above-mentioned decision.

Summary

The Supreme Court dismissed a Special Petition as it was covered by a previous decision in the case of Bharti Cellular Limited vs. Assistant Commissioner of Income Tax. Pending applications were disposed of.