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2023 (4) TMI 1165 - ITAT KOLKATATDS u/s 194H - incentive paid to various parties - Non deduction of tds - addition u/s 40(a)(ia) - CIT(A) has viewed that the discount given to the various parties by the assessee in the nature of turnover discount did not attract TDS u/s 194H and assessee in the instant case did not have any right or control over the goods sold to the retailers and the goods hold by the retailers on their own behalf and not on behalf of the appellant - HELD THAT:- CIT(A) rightly observed that the payment of incentive are made to the various parties by the assessee leading to transfer of ownership in the goods (with complete risk and rewards) the assessee in such a situation did not have any right or control over the goods sold to the retailers, as the retailers held the goods on their own behalf and not on behalf of the assessee and therefore they did not act as an agents of the assessee as such no TDS is deductible u/s 194H as it is not applicable in the case of assessee. Thus we confirmed the order passed by the ld. CIT(A) - Decided against revenue.
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