ITAT adjudicated a tax deduction at source (TDS) dispute ...

Tax Deduction Dispute: ITAT Clarifies Commission Payments and Service Charges for Consignee Forwarding Agents Under Sections 194C, 194H

April 15, 2025

Case Laws     Income Tax     AT

ITAT adjudicated a tax deduction at source (TDS) dispute involving payments to consignee and forwarding agents (CFAs). The tribunal examined whether payments characterized as "commission" or "variable service charges" warranted TDS under sections 194C, 194H, and potential default under sections 201(1) and 201(1a). Key findings revealed the CFA's limited operational role, without authority to independently contract or bind the primary assessee. The tribunal determined that merely labeling payments as "commission" does not automatically trigger TDS liability. Critically, no prior disallowances were made during scrutiny proceedings for assessment years 2013-14 to 2019-20, further supporting the assessee's position. Consequently, the tribunal ruled in favor of the assessee, invalidating the lower authorities' demand and finding the TDS deduction under section 194C was correctly applied.

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