Dismissing the appeal of the revenue the Court held that the relationship between the assessee and any other bank was not of agency but that of two independent banks on principal-principal basis. Even assuming that the transaction was being routed to National Financial Switch and Cash Tree, then also it was pertinent to mention that the same was a consortium of banks and no commission or brokerage was paid to it. It did not act as an agent for collecting charges. Hence the provisions of section 194H of the Act were not attracted . ( AY. 2011-12)
CIT v. Corporation Bank (2021) 431 ITR 554/ 277 Taxman 207 / 204 DTR 92 (Karn) (HC)
S. 194H : Deduction at source – Commission or brokerage – Credit card holder-Transactions on principal to principal basis – Not liable to deduct tax at source [ S.40(a)(ia ) ]