9911796707
TMI Blog2020 (1) TMI 1162X X X X Extracts X X X X X X X X Extracts X X X X ..... s 194H - discounts given by the assessee to the distributors of prepaid SIM cards - HELD THAT:- Following the earlier decision of this Court in M/s. Reliance Communications Infrastructure Ltd. [ 2019 (7) TMI 1371 - BOMBAY HIGH COURT ] we are of the view that the Tribunal was justified in holding that the provisions of Section 194H of the Act was not applicable on discounts given by the assessee to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on discounts given by the assessee to the distributors of prepaid SIM cards ? b) Whether on the facts and in the circumstances of the case and in law, Hon ble ITAT erred in setting aside the case of the AO ? 4. From the above what is discernible is that issue raised in these bunch of appeals is whether provisions of Section 194H of the Income Tax Act, 1961 (briefly the Act hereinafter) will be ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me Tax Appeal No. 702 of 2017 decided on 22.07.2019 , this Court held that when transaction is between two persons on principal to principal basis, deduction of tax at source as per Section 194H of the Act would not be made since the payment was not for commission or for brokerage. It was held as under : 3. Having heard the learned Counsel for the parties and having perused the documents on record ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tial question of law arose from such finding of the Tribunal. 8. Adverting to the facts of the present case, Tribunal held as under : 36. In view of our discussion in the preceding paragraphs we hold that the sale of SIM cards / recharge coupons at discounted rate to distributors is not commission and therefore not liable to TDS u/s. 194H of the I.T.Act. However, we have restored the issue to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
