2015 (5) TMI 1176

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....h (Judicial Member) The Revenue is aggrieved by the impugned order dated 14/02/2013 of the ld. First Appellate Authority, Mumbai, in allowing the payment of commission on credit cards to various banks ignoring the provisions of section 40(a)(ia) read with section 194H of the Income Tax Act, 1961 (hereinafter the Act). 2. During hearing of this appeal, none was present for the assessee, in sp....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e ld. Assessing Officer during assessment proceedings asked the assessee to show cause as to why the payments of charges to banks in respect of sales effected through card mechanism should not be subjected to TDS u/s 194H of the Act. The assessee vide communication dated 15/12/2011 explained that the provisions of section 194H of the Act will be attracted only when one person acts on behalf of ano....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he ld. Commissioner of Income Tax (Appeals) examined the facts and by 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 Co....