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2020 (2) TMI 272 - HC - Income TaxTDS u/s 194H - amount retained by a bank / credit card agency out of the sale consideration of tickets booked through credit card - Whether principal and agent relationship between the assessee and the bank / credit card agencies ? - HELD THAT:- This Court in CIT Vs. Jet Airways (India) Ltd. [2019 (5) TMI 117 - BOMBAY HIGH COURT has answered the two questions in favour of the assessee and against the revenue. In the said decision, this Court vide affirming the similar findings returned by the Tribunal held that amount retained by a bank / credit card agency out of the sale consideration of tickets booked through credit cards is not covered under the definition of 'commission' or 'brokerage' given in explanation (i) to Section 194H of the Act and in such circumstances, assessee is not liable to deduct tax at source under Section 194H in respect of this amount. Appeal filed by the revenue is dismissed.
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