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2020 (6) TMI 238 - AT - Income TaxTDS u/s 194H - Commission paid to 6 parties w/o TDS deduction - Disallowance u/s 40(a)(ia) - contended on behalf of the assessee that the amount in question represented trade discount allowed by the assessee and since the same was not in the nature of commission as wrongly taken by the Assessing Officer, there was no requirement of deduction of TDS - HELD THAT:- Assessee has raised a new contention in support of his case that the amount in question represented management fees payable by Vodafone to the concerned parties as distributor and the role of the assessee was only to facilitate the disbursement /reimbursement of the said amount towards management fees to the concerned distributors - also filed the additional evidence in the form of relevant e-mails received from Vodafone and submitted that the matter may be sent back to the Assessing Office for verifying the new plea raised on behalf of the assessee in the light of the said additional evidence. Alternatively he has also submitted that the concerned recipients having already declared the amount in question as their income and having paid tax thereon, the assessee, therefore, cannot be treated as in default for non-deduction of tax at source on the said amount and no disallowance under section 40(a)(ia) can be made Both these contentions raised by the ld. Counsel for the assessee for the first time before the Tribunal require verification and even the ld. D.R. has not raised any objection for sending the matter back to the Assessing Officer for deciding the same afresh after proper verification. - Appeal of the assessee is treated as allowed for statistical purposes.
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