Online bond platforms may offer overseas-regulated products and tax-specific bonds subject to disclosures, compliance safeguards and revised complianc...
Corporate guarantee valuation permits actual ascertainable commission while barring retroactive application and extended-period penalties for bona fid...
Proper-officer jurisdiction under UPGST penalty provisions upheld; participation on merits prevents bypassing the statutory appellate remedy through w...
Transitioned CENVAT credit may validly satisfy mandatory pre-deposit requirements for legacy service tax appeals through Electronic Credit Ledger debi...
Building-plan sanction charges require statutory authority; unauthorised fees and GST were quashed, while labour cess must follow prescribed collectio...
Pure-agent exclusion fails where hotel booking facilitators receive third-party services themselves, making entire customer consideration taxable as r...
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.
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