2015 (5) TMI 1176 - AT - Income Tax

Commission payments to banks on credit cards deemed not subject to TDS under Income Tax Act

DCIT-2 (2), Mumbai Versus Infinity Retails Limited

DCIT-2 (2), Mumbai Versus Infinity Retails Limited - TMI Issues:1. Disallowance of commission on credit cards to banks under section 40(a)(ia) read with section 194H of the Income Tax Act, 1961.Analysis:Issue 1: Disallowance of commission on credit cards to banks under section 40(a)(ia) read with section 194H of the Income Tax Act, 1961The case involved the aggrieved Revenue challenging the order of the ld. First Appellate Authority allowing the payment of commission on credit cards to various banks, disregarding the provisions of section 40(a)(ia) read with section 194H of the Act. The assessee, a retailer in electronic goods, argued that the provisions of section 194H would apply only in a principal-agent relationship, which was not the case here as the sales were conducted directly by the assessee. The Assessing Officer disallowed the expenditure on processing charges to banks and other bank charges under section 40(a)(ia) of the Act for not deducting tax at source under section 194. However, the ld. Commissioner of Income Tax (Appeals) relied on precedents and held that TDS was not required on the commission retained by Card Companies, thus deleting the addition. The Tribunal affirmed the Commissioner's decision, dismissing the Revenue's appeal.In conclusion, the Tribunal upheld the decision of the ld. Commissioner of Income Tax (Appeals), stating that the provisions of section 40(a)(ia) read with section 194H of the Act were not applicable in this case, leading to the dismissal of the Revenue's appeal.This detailed analysis highlights the key arguments, decisions, and reasoning behind the judgment regarding the disallowance of commission on credit cards to banks under the relevant sections of the Income Tax Act.