2024 (7) TMI 845

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..... an assessee in default under section 201 for noncompliance with section 194H and any tax or interest can be demanded from it? HELD THAT:- Both the learned Counsel for the parties jointly state that the controversy is covered by the judgment of Bharti Cellular Limited(Now Bharti Airtel Limited) [ 2024 (3) TMI 41 - SUPREME COURT ] wherein held assessees would not be under a legal obligation to deduc .....

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..... rned standing Counsel appears for the respondent. 2. The matter relates to assessment years 2012-13 and 2013-14. 3. The appeal has been admitted by this Court by order dated 12.12.2018 on the following substantial questions of law: a) Whether having regard to the relationship between the appellant and its distributors and course of dealings between them, the appellant was required to comply with t .....

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..... sessee and against the revenue. 5. We find that in the case of Bharti Cellular Limited (Supra), Hon ble Supreme Court concluded as under: In view of the aforesaid discussion, we hold that the assessees would not be under a legal obligation to deduct tax at source on the income/profit component in the payments received by the distributors/franchisees from the third parties/customers, or while selli .....

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