TMI Blog2016 (5) TMI 1420X X X X Extracts X X X X X X X X Extracts X X X X ..... confusion has started from the fact that, perhaps as a measure of abundant caution, Vodafone deducted tax at source in respect of the vouchers etc and, for whatever reasons, stated, the name of distributor as collective recipient of entire sum. On these facts, in our considered view, learned CIT(A) was quite justified in deleting the impugned addition. We approve his conclusions, and decline to interfere in the matter. - Decided in favour of assessee. - ITA No. 5106/Del/2012 - - - Dated:- 19-5-2016 - Shri H.S. Sidhu, Judicial Member And Shri J. Sudhakar Reddy, Accountant Member For the Appellant : Sh. T.James Singson, Sr. D.R. For the Respondent : Sh. Anil Kumar Jain, Adv. ORDER PER J. SUDHAKAR REDDY, ACCOUNTANT MEM ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in shape of rent, salary, DD, cheques, promotional schemes etc. and that they pass on through Master Income such as discount, commission etc. The chart showing the amount received reimbursement made to the Assistant Distributor is attached. (2) The amount of ₹ 13,71,267/- cannot be added to the income u/s 40 (a) (ia) of the Income Tax Act 1961 as there is no liability to deduct tax as the amount is received as reimbursement to be made to Assistant Distributors. (3) In support of my contention, copies of ledger accounts of ADs are attached. 2.3 The AO held that the contention of the appellant is not acceptable as she failed to disclose true facts in the return of income. Further, the contention that these payments are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of reimbursement of amounts paid to ADs on which also assessee has not earned any profit. (c ) these issues were clarified by way of recasting of Profit and Loss a/c filed before the A.O. (d) As regards the incentive to retailers of ₹ 48,77,440/-, the same has been paid directly by M/s Vodafone and was not routed through the assessee. Just because Vodafone credited the TDS to the account of the assessee, the amount in question does not become the income of the assessee. (e ) As an amount of ₹ 48,77,440/- does not form part of the receipts of the assessee, corresponding credit of TDS of ₹ 1,10,767/- cannot be given to the assessee. 4. We find no infirmity in this order. The issue is no more res integra in vie ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
