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2017 (2) TMI 1362 - HC - Income TaxTDS u/s 194H - TDS liability on dealer's incentive - examination of the relationship between the Respondent-Assessee and its dealers as principal-to-principal basis - Held that:- The impugned order of the Tribunal has held that the dealers incentive is not subject to tax deduction at source under Section 194H of the Act as the sale between the Respondent-Assessee and its dealer was on principal to principal basis. The impugned order of the Tribunal place reliance upon its earlier order for the Assessment Year 2007-08 wherein on detailed examination of the relationship between the Respondent-Assessee and its dealers was found to be on principal to principal basis and, therefore, not hit by Section 194H of the Act. The impugned order, therefore allowed the Respondent-Assessee's appeal. The issue now stands concluded against the Revenue by the decision of this Court in CIT v/s. Intervet India P. Ltd. [2014 (4) TMI 353 - BOMBAY HIGH COURT] - Decided in favour of assessee. Appeal admitted on Questions at (a), (b), (c), (d), (f) and (g) as substantial questions of law.
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