Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2021 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (11) TMI 81 - AT - Income TaxTDS u/s 194H - Non deduction of TDS on the payment of incentive to various dealers - HELD THAT:- A.O. or JCIT didn't refer to any judgment in support of their observations that provisions of Section 194H read with Explanation 1 bring the case as one of services rendered in buying and selling. We don't find any merit: in the findings of A.O. read with the directions of JCIT and hold that no TDS deduction was required, keeping in mind the facts and circumstances in the appellant's case in respect, of incentives paid/payable to their franchise showrooms and distributors. TDS u/s 194J - Findings of the Ld. CIT(A) are in accordance with the provisions of law and in consonance with the ratio laid down by the Hon'ble Supreme Court in the case of Hindustan Coco Cola Beverage (P) Ltd. vs. CIT [2007 (8) TMI 12 - SUPREME COURT] as held recipient of income has already paid taxes on amount received from deductor, the department cannot recover tax from deductor on the same income by treating deductor to be assessee-in-default for shortfall in its amount of tax deducted at source - Hence, we do not find any infirmity in the order of the Ld. CIT(A) to interfere with the same. Accordingly, uphold the findings of the Ld. CIT(A) and dismiss this ground of appeal of the revenue.
|