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TMI Blog2018 (6) TMI 1533X X X X Extracts X X X X X X X X Extracts X X X X ..... . Ltd. (2015 (6) TMI 62 - ITAT BANGALORE) we uphold the order of the ld. CIT(A) in holding that payments on account of credit card charges deducted by Banks are not in the nature of commission and therefore no deduction of tax at source thereon is warranted, as the provisions of sec. 194H of the Act are not applicable or attracted in the matter. - Decided in favour of assessee - ITA No. 1650/Bang ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated 31.12.2012 issued by the CBOT comes into force from 01.01.2013 the instant case relates to prior period ? 3. Whether on the facts and in the circumstances of the case the CIT(A) is erred in placing reliance on the decision of the Hon'ble ITAT Bangalore Bench in ITA No.308 to 310 and 393 to 396(Bang) of 2011 and in deleting the disallowance made by the AO u/s.40(a)(ia) since the above ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ported the assessment order. 4. We have considered the rival submissions. We find that in the present case, the dispute is regarding disallowance u/s. 40(a)(ia) r.w.s 194H of IT Act in respect of credit card commission expenses amounting to ₹ 56,29,043/- in view of non-deduction of TDS u/s. 194H of IT Act. In Assessment Year 2011- 12 also, the identical issue was involved although in that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of this Tribunal in the case of Trident Automobiles (P.) Ltd., (supra) and M/s. Mysore Saree Udyog Pvt. Ltd. (supra) we uphold the order of the ld. CIT(A) in holding that payments on account of credit card charges deducted by Banks are not in the nature of commission and therefore no deduction of tax at source thereon is warranted, as the provisions of sec. 194H of the Act are not applicable or at ..... X X X X Extracts X X X X X X X X Extracts X X X X
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