2002 (6) TMI 32 - GUJARAT HIGH COURT

Deduction Of Tax At Source, Commission Or Brokerage, Stamp Vendors - The petitioner is a registered association of the stamp vendors of Ahmedabad. As the officers of the Income-tax Department called upon the State Government to deduct tax at source under section 194H on commission or brokerage to the persons carrying on the business as "stamp vendors", the petitioner-association has approached this court with a prayer to quash and set aside the communication at annexure D collectively, and for a declaration that section 194H of the Act is not applicable to an assessee carrying on business as a stamp vendor. - we uphold the contention urged on behalf of the petitioner's association that the discount made available to the licensed stamp vendors under the provisions of the Gujarat Stamps Supply and Sales Rules, 1987, does not fall within the expression "commission" or "brokerage" under section 194H of the Income-tax Act, 1961