Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
Business expenditure substantiation supports scrap credits, statutory payments and expense claims, while depreciation requires proof of actual busines...
The ITAT held that the payments made by the assessee towards various promotional schemes like Gold Coin Scheme, Atoot Rishtey Scheme, and Foreign Scripts to dealers are not liable for tax deduction at source (TDS) u/s 194H of the Income Tax Act. The relationship between the assessee and dealers is that of seller and buyer, not principal and agent. Therefore, these payments do not constitute commission payments attracting TDS u/s 194H. However, the ITAT confirmed the disallowance of expenditure u/s 40(a)(ia) for non-deduction of TDS u/s 194C on payments made towards EPF, PF, and ESI contributions on behalf of labor suppliers or contractors.
The ITAT held that the payments made by the assessee towards various promotional schemes like Gold Coin Scheme, Atoot Rishtey Scheme, and Foreign Scripts to dealers are not liable for tax deduction at source (TDS) u/s 194H of the Income Tax Act. The relationship between the assessee and dealers is that of seller and buyer, not principal and agent. Therefore, these payments do not constitute commission payments attracting TDS u/s 194H. However, the ITAT confirmed the disallowance of expenditure u/s 40(a)(ia) for non-deduction of TDS u/s 194C on payments made towards EPF, PF, and ESI contributions on behalf of labor suppliers or contractors.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4805
Join Channel
TaxTMI 
