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Commissioner of Income Tax, Bhopal Versus MP Minerals Private Limited

2015 (12) TMI 622 - MADHYA PRADESH HIGH COURT

TDS u/s 194H - Non-deduction of TDS on payment made to M/s ACE Calderys Limited - ITAT held that the transaction is in the nature of principal to principal and not principal to agent basis - Held that:- Even though the Assessing Officer held M/s ACE Calderys Limited to be a broker of the assessee and liable for deduction under section 194-H, the appellate authorities found that the assessee company sells the branded product to M/s ACE Calderys Limited at mutually agreed price and the appellant’s .....

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ignee and the person to whom the purchase is made is shown as the purchaser of M/s ACE Calderys Limited. The appellant company raises commercial invoices in the name of M/s ACE Calderys Limited on mutually agreed prices. It was also found that documents required for Excise Act, Central Sales Act and General Sales Tax are issued to the appellant by M/s ACE Calderys Limited, who was responsible for making payment of commercial invoices raised by the appellant company and the responsibility of sett .....

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nd facts are involved, both these appeals are being decided by this common order. 3- Assessee is a Company engaged in manufacture and trading of minerals namely Pyrophilite, Bauxite, Diaspore, Clay Refractory Products and Calcination thereof. During the course of assessment, it was found that the assessee company had manufactured and supplied some branded product directly to certain third person or party on behalf of its customer M/s ACE Calderys Limited and has billed the same directly to the t .....

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Appeals) and the learned Appellate Tribunal having held that the transaction is in the nature of principal to principal and not principal to agent basis, this appeal has been filed. 4- Even though Shri Sanjay Lal, learned counsel for the appellant, referred to section 194-H and various other provisions to say that the relationship between the assessee and M/s ACE Calderys Limited is that of a principal and an agent and as the amount paid to M/s ACE Calderys Limited is in the form of commission o .....

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derys Limited to be a broker of the assessee and liable for deduction under section 194-H, the appellate authorities found that the assessee company sells the branded product to M/s ACE Calderys Limited at mutually agreed price and the appellant s liability in respect of the product sold ceases as soon as the products are dispatched from the premises of the appellant for delivery. It was found that the product order, dispatch instructions etc are given by M/s ACE Calderys Limited, and even parti .....

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