TMI Blog2009 (3) TMI 598X X X X Extracts X X X X X X X X Extracts X X X X ..... since the agents had been given discretion to sell the tickets at any rate between the fixed minimum commercial price and the published price and it would be impracticable and unreasonable to expect the assessee to get a feed back from their numerous agents in respect of each ticket sold - The airlines have discretion to sell the tickets at the price lower than the published price then the permis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... airlines have a discretion to reduce the published price to their tickets. In the present case, the airlines had an agreement with their agents to sell their tickets at a minimum fixed commercial price which was lower than the published price but was of a variable nature and could be increased by the agent, at his discretion, to the extent up to the published price. It is not in dispute that unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rejected by this court for non-removal of the office objections under rule 986. Be that as it may, for section 194H to be attracted, the income being paid out by the assessee must be in the nature of commission or brokerage. Counsel for the Revenue contended that it was not the case of the Revenue that this difference between the principal price of the tickets and the minimum fixed commercial pri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a lower price, according to us, can neither amount to commission nor brokerage at the hands of the agent. We hasten to add any amount which the agent may earn over and above the fixed minimum commercial price would naturally be income in the hands of the agent and will be taxable as such in his hands. In this view of the matter, according to us, there is no error in the impugned order and the ques ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
