2016 (4) TMI 1344

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.... adjudication is given in the following paragraphs of this order. 2. The grounds raised by the Revenue in appeal ITA No.5420/M/2014 are as follows:- "1. On the facts and in the circumstances of the case and in law, the Ld CIT (A) erred in deleting the addition made u/s 201(1)/201(1A) of the Act holding that no TDS was deductible u/s 194H by the assessee company on the amount held by the banks / credit card agencies as collection charges in respect of credit services provided ignoring the fact that the entire process of facilitation of credit card, the bank is nothing but a constructive agent for the assesseecompany. 2. On the facts and in the circumstances of the case and in law, the Ld CIT (A) erred in failing to appre....

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....this regard. Further, Ld Counsel for the assessee also relied on the judgment of the Hon‟ble Delhi High Court in the case of CIT vs. JDS Apparels (P) Ltd [2015] 53 taxmann.com 139 (Delhi) in support of his argument. 4. On the other hand, Ld DR for the Revenue relied on the order of the AO. 5. We have heard both the parties and perused the orders of the Revenue Authorities as well as the cited decision of the Tribunal and also the relevant material placed before us. On perusal of the said decision of the Tribunal (supra) dated 1.5.2015, we find, on identical issue, the Tribunal dismissed the Revenue‟s appeal and upheld the decision of the CIT (A) vide para 2.1 of its order. Considering the significance of the said para 2.1 ....

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....t. According to the Ld AO, tax should have been deducted at source u/s 194 of the Act. On appeal, Ld CIT (A) examined the facts and following the decision in the case of Ahmedabad Stamp Vendors Association vs. UOI (257 ITR 202) and Tata Tele Services Ltd vs. DCIT (TDS) a decision from Bangalore Bench (ITA Nos.308 to 310 and 393 to 396) order dated 27/11/2012, wherein, it was held that there is no requirement of making TDS on the commission retained by Card Companies, opined that the provisions of section 40(a)(ia) r.w.s 194H of the Act are not applicable, deleted the addition. We find no infirmity in the conclusion of the Ld CIT (A) under the facts available on record. His stand is affirmed. Finally, the appeal of the Revenue is dismissed."....