9911796707
TMI Blog2023 (4) TMI 1165X X X X Extracts X X X X X X X X Extracts X X X X ..... in such a situation did not have any right or control over the goods sold to the retailers, as the retailers held the goods on their own behalf and not on behalf of the assessee and therefore they did not act as an agents of the assessee as such no TDS is deductible u/s 194H as it is not applicable in the case of assessee. Thus we confirmed the order passed by the ld. CIT(A) - Decided against revenue. - I.T.A. No. 2495/Kol/2019 - - - Dated:- 31-3-2023 - Shri Rajesh Kumar, Accountant Member And Shri Sonjoy Sarma, Judicial Member For the Assessee : Shri Siddharth Agarwal, Advocate For the Revenue : Shri Vijay Kumar, Addl. CIT ORDER PER SHRI SONJOY SARMA, JM: This appeal filed by the revenue is directed against th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on such payment no tax was deducted by the assessee therefore, the assessee in violation of provision of section 194H of the Act. During the course of assessment proceedings, the ld. AR of the assessee made a written submission by which he has requesting to the AO to dispose of the objection and drop the proceeding initiated u/s 148 of the Act by placing reliance on various judgments rendered by the superior authority. However, the ld. AO after considering the submission made by the assessee and completed the assessment by making disallowance and computed the income at Rs. 37,95,872/-. 3. Being aggrieved by the assessment order, assessee filed an appeal before the ld. CIT(A) wherein the ld. CIT(A) allowed the appeal of the assessee. At t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... / incentive/additional margin passed on by the appellant through credit notes was in the nature of commission. He further, misunderstood that discount/additional margin could be given only on the invoice and not post invoice. It is submitted that the commission is paid after completion of the task/service. However, the same was paid because of the sales scheme announced on earlier occasion i.e. prior to completion of task/ service. Thus, the same was in the nature of turnover discount and, hence, not liable for deduction of TDS u/s 194H. The A.O. has also prejudiced his mind from the fact that Levi Strauss (India) Pvt. Ltd. deducted TDS u/s 194H and the appellant claimed credit of the said TDS by declaring the said incentive income as inco ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
