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2017 (10) TMI 1326 - HC - Income TaxTDS u/s 194H - non-deduction of tax at source for the amount of discount/commission to the advertising agency - Held that:- It is not in dispute that the amount which has been received by the assessee was after deducting the commission, stock brokerage or whatever term is awarded and the same has been shown in the books of accounts The assessee also furnished that they ought not to have been added in the income of the assessee in spite of making ground under Section 194H or 40(a)(ia) of the IT Act. In our considered opinion, the Tribunal while considering the matter has rightly come to the conclusion that it is on the basis of principal to principal and does not constitute commission hence, no other view than the one taken by the Tribunal is possible. - Decided in favour of assessee.
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