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2019 (12) TMI 610 - AT - Income TaxTDS u/s 194H or 194J - Short deduction of TDS - commission payment - HELD THAT:- Assessee has filed complete details before the Ld.CIT(A), including agreement between the parties, as per which the modus operandi of the assesses to sale of goods has been explained, as per which the assessee sales goods to stockiest and raises invoices and collets applicable excise duty and VAT. Further, the title in the goods is transferred to the stockiest, at the time of delivery. Arrangements between the assessee and the stockiest for sale of goods is in the nature of principal to principal basis, but not in the nature of principal to agent and accordingly, amount paid by the assesee to stockists is not in the nature of commission, which is liable for TDS u/s 194H. CIT(A) after considering relevant submissions of the assesee has rightly deleted additions made by the AO toward short deduction of TDS u/s 201(1) and consequent interest u/s 201(1A) . We do not find any error in findings of the Ld.CIT (A) and hence, we are inclined to uphold the findings of Ld.CIT(A) and dismissed appeal filed by the revenue.
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