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    <title>2000 (5) TMI 166 - ITAT CUTTACK</title>
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    <description>The dominant issue was whether deductions retained by newspaper distribution agents and advertising agencies constituted &quot;commission&quot; attracting TDS under s. 194H, hinging on whether the arrangements created a principal-agent relationship. The Tribunal held that newspaper supply to agents was a principal-to-principal sale: agents paid for copies lifted, bore the risk of unsold copies, and did not merely collect sale proceeds for remittance; mere contractual use of the term &quot;commission&quot; could not convert a vendor-purchaser relationship into agency. Consequently, s. 194H was inapplicable to such deductions and the CIT(A)&#039;s view was affirmed. Similarly, deductions by advertising agencies were held not to be commission because the purchase of ad space and payment net of agency charges was also on a principal-to-principal basis; the appeal was dismissed.</description>
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    <pubDate>Wed, 10 May 2000 00:00:00 +0530</pubDate>
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      <title>2000 (5) TMI 166 - ITAT CUTTACK</title>
      <link>https://www.taxtmi.com/caselaws?id=62381</link>
      <description>The dominant issue was whether deductions retained by newspaper distribution agents and advertising agencies constituted &quot;commission&quot; attracting TDS under s. 194H, hinging on whether the arrangements created a principal-agent relationship. The Tribunal held that newspaper supply to agents was a principal-to-principal sale: agents paid for copies lifted, bore the risk of unsold copies, and did not merely collect sale proceeds for remittance; mere contractual use of the term &quot;commission&quot; could not convert a vendor-purchaser relationship into agency. Consequently, s. 194H was inapplicable to such deductions and the CIT(A)&#039;s view was affirmed. Similarly, deductions by advertising agencies were held not to be commission because the purchase of ad space and payment net of agency charges was also on a principal-to-principal basis; the appeal was dismissed.</description>
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      <pubDate>Wed, 10 May 2000 00:00:00 +0530</pubDate>
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