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    <title>2012 (11) TMI 813 - ITAT CUTTACK</title>
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    <description>A trade discount allowed by an assessee to sub-franchisees and retailers out of an already notified margin on BSNL products was treated as a commercial discount, not a separate commission payment, so tax deduction at source under section 194H did not apply and disallowance under section 40(a)(ia) was held unsustainable. Rent paid for a shop and godown was also treated as not warranting disallowance under section 40(a)(ia) where the payee was a senior citizen, Form 15G had been furnished, and any defect in the declaration was viewed as a technical lapse rather than a basis for penalising the assessee.</description>
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      <link>https://www.taxtmi.com/caselaws?id=218798</link>
      <description>A trade discount allowed by an assessee to sub-franchisees and retailers out of an already notified margin on BSNL products was treated as a commercial discount, not a separate commission payment, so tax deduction at source under section 194H did not apply and disallowance under section 40(a)(ia) was held unsustainable. Rent paid for a shop and godown was also treated as not warranting disallowance under section 40(a)(ia) where the payee was a senior citizen, Form 15G had been furnished, and any defect in the declaration was viewed as a technical lapse rather than a basis for penalising the assessee.</description>
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