CIT (TDS) v. ABP Pvt. Ltd. (2023)458 ITR 74 /150 taxmann.com 436/ 333 CTR 564 (Cal.)(HC)

S. 194H : Deduction at source-Commission or brokerage-Trade discount-Payment by Television Channels or Newspapers-Advertising Agency-Procuring or canvassing for Advertisements-Not commission-Not liable to deduct tax at source. [S. 260A]

Dismissing the appeal, of the Revenue the Court held that   the Tribunal had examined the factual position, more importantly, the various clauses as contained in the rules and regulations prescribed by the Indian Newspaper Society of which clauses 20, 23 and 25 were referred to and after analysis of those clauses, the Tribunal held that it was clear that there was no principal and agent relationship between the newspaper and the advertising agency. Thus, both on the facts as well as in law, the Tribunal was justified in holding that trade discount allowed by the assessee to the accredited advertising agent was not in the nature of commission and therefore not subjected to tax deduction at source under the provisions of section 194H of the Income-tax Act, 1961. Referred, Circular No. 5 of 2016, dated February 29, 2016 ([2016] 382 ITR (St.) 13), question No. 27 of the Board’s Circular No. 715 dated August 8, 1995 ([1995] 215 ITR (St.) 12)    (AY.2004-05)