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    <title>2017 (2) TMI 442 - ITAT KOLKATA</title>
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    <description>The Tribunal held that the assessee was not required to deduct tax at source from payments made to Hawkers, ruling the disallowance under section 40(a)(ia) unjustified. The appeal was allowed, and the disallowance of Rs. 14,47,045/- was deleted. The Tribunal found the payments to Hawkers were discounts, not commissions, as the Hawkers operated independently in selling newspapers and magazines. The relationship was not that of principal and agent, supporting the decision with a precedent from the Hon&#039;ble Gujarat High Court.</description>
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      <title>2017 (2) TMI 442 - ITAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=338742</link>
      <description>The Tribunal held that the assessee was not required to deduct tax at source from payments made to Hawkers, ruling the disallowance under section 40(a)(ia) unjustified. The appeal was allowed, and the disallowance of Rs. 14,47,045/- was deleted. The Tribunal found the payments to Hawkers were discounts, not commissions, as the Hawkers operated independently in selling newspapers and magazines. The relationship was not that of principal and agent, supporting the decision with a precedent from the Hon&#039;ble Gujarat High Court.</description>
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