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2014 (6) TMI 671 - AT - Income TaxTDS u/s 194H on payment of commission - disallowance of Rs.2.46 crores made u/s.40(a)(ia) - treatment of sales incentives/cash discount as commission - Held that:- similar payment of sales incentive given to the dealers in the immediately preceding assessment years were not treated as commission - AO was not justified in treating the payment of incentives to the dealers as well as to another distributor, as payment of commission liable to TDS under section 194H of the Act - Decided in favor of assessee. TDS on cash discount - Held that:- the provisions of Section 194H are not attracted towards the cash discount given by the appellant. - Decided against the revenue. Disallowance of interest - grant of interest free fund to three parties - Held that:- issue restored back to the file of ld.CIT(A) to decide it afresh after verifying the claim of the assessee whether the assessee was having the sufficient interest-free funds or not and also verify whether the loan was given in the current year or in the earlier years. - matter remanded back - Decided in favor of assessee.
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