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    <title>2005 (2) TMI 458 - ITAT DELHI-E</title>
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    <description>Payments to clearing and forwarding agents were held not to be rent under section 194-I because the arrangement was for distribution and logistics services, with storage only incidental to that service structure; the existence of a rent element in overall costs did not convert it into a lease or tenancy, so section 194-I did not apply. Incentives and discounts paid to distributors and dealers were also held not to be commission under section 194H because the arrangements were on a principal-to-principal basis, not principal-agent, and the payments were sales promotion incentives rather than amounts earned for acting on behalf of the assessee. On that footing, the tax deduction additions could not be sustained.</description>
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      <title>2005 (2) TMI 458 - ITAT DELHI-E</title>
      <link>https://www.taxtmi.com/caselaws?id=65225</link>
      <description>Payments to clearing and forwarding agents were held not to be rent under section 194-I because the arrangement was for distribution and logistics services, with storage only incidental to that service structure; the existence of a rent element in overall costs did not convert it into a lease or tenancy, so section 194-I did not apply. Incentives and discounts paid to distributors and dealers were also held not to be commission under section 194H because the arrangements were on a principal-to-principal basis, not principal-agent, and the payments were sales promotion incentives rather than amounts earned for acting on behalf of the assessee. On that footing, the tax deduction additions could not be sustained.</description>
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