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Tax Deduction at Source (TDS) on payments by television channels and publishing houses to advertisement companies for procuring or canvassing for advertisements

Income Tax - 5/2016 - Dated:- 29-2-2016 - Circular No. 05/2016 F. No. 275/06/2016-IT(B) Government of India Ministry of Finance Department of Revenue Central Board of Direct Taxes (CBDT) New Delhi, Dated: 29th February, 2016 Sub: . The issue of appli .....

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ceived in this regard. 2. It is noted that there are two types of payments involved in the advertising business: (i) Payment by client to the advertising agency, and (ii) Payment by advertising agency to the television channel/ newspaper company The .....

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payment, there will be no TDS under section 194C on the second type of payment e.g. payment by advertising agency to the media company. 3. However, another issue has been raised in various cases as to whether the fees/ charges taken or retained by a .....

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d the advertising company is on a principal-to-principal basis, such payments are in the nature of trade discount and not commission and, therefore, outside the purview of TDS under section 194H. The Department, on the other hand, has taken the stand .....

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d. 4. The issue has been examined by the Allahabad High Court in the case of Jagran Prakashan Ltd. and Delhi High Court in the matter of Living Media Limited and it was held in both the cases that the relationship between the media company and the ad .....

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e order dated 11.12.2009 and order dated 05.05.2014, respectively. Though these decisions are in respect of print media, the ratio is also applicable to electronic media/ television advertising as the broad nature of the activities involved is simila .....

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