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TMI Blog2015 (8) TMI 1476X X X X Extracts X X X X X X X X Extracts X X X X ..... e hereby affirm the conclusion of the CIT(A) to the effect that the impugned disallowance made by the AO by invoking section 40(a)(ia) is unsustainable. Thus, Revenue fails on this Ground also. - Decided against revenue. - ITA No.150/MUM/2014 /Assessment Year 2010-11 - - - Dated:- 19-8-2015 - Shri G.S.Pannu And Shri Sanjay Garg, JJ. Appellant by Shri Sunil Kumar Singh Respondent by Shri Prakash K. Jotwani ORDER G.S.Pannu, The present appeal is preferred by the assessee and is directed against the impugned appellate order dated 01/10/2013 passed by CIT(A)-17, Mumbai pertaining to the assessment year 2010-11, with reference to the assessment order dated 10/12/2012 passed in ter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... IT(A) in the current year has since been affirmed by the Tribunal vide its order in ITA No.2703/Mum/2013, dated 30/6/2015. In this context, the relevant portion of the order of the Tribunal dated 30/6/2015 (supra) is as under: 6. In this context, brief facts are that the Assessing Officer noticed that assessee has paid commission to banks on credit card transactions amounting to ₹ 6,34,22,030/-, without deduction of tax at source u/s 194H of the Act. The claim of the assessee was that in terms of agreement with banks, the payments made by the customers by credit/debit cards were processed by the banks. In consideration of the banks agreeing to render such payment processing services, assessee was paying commission to variou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Airways (India) Ltd [2014] 147 ITD 133 (Mum) in support of the conclusion drawn by the CIT(A). 9. We have considered the rival stands and find that the issue is squarely covered by the Judgment of the Hon ble Delhi High Court in the case of JDS Apparels P. Ltd. (supra). As per the Hon ble Delhi High Court, payment of commission to banks with regard to the processing of credit card transactions was not liable to be considered as a commission within the meaning of section 194H of the Act. According to the Hon ble High Court, the bank does not act as an agent of the assessee while processing the credit card payments and a charge collected by the bank for such service does not amount to commission within the meaning of section 194 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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