DCIT v. Anand Rathi Commodities Ltd. (2025) 210 ITD 239 (Mum) (Trib.)

S. 194A : Deduction at source-Interest other than interest on securities-Intermediary between clients-Not required to deduct TDS under section 194A in respect of payment made to its clients.[S. 2(28A)]

Assessee-company is  a broker in financial markets to facilitate its clients in placing trades and transaction with National Spot Exchange Ltd. (NSEL). All transactions were in nature of purchase/sale of commodities between clients and NSEL.  In respect of transactions, assessee received brokerage.  Assessing Officer held that assessee accepted deposits from its customer which was invested in such a manner that returns on investments were assured for beneficiaries.  He held that fixed returns given to investors by assessee was nothing but interest payment within meaning of section 2(28A) on which TDS under section 194A should have been deducted.  Commissioner (Appeals) held that provisions of section 194A could not be invoked and, thus, assessee was not liable to deduct TDS. On appeal the Tribunal held that the  assessee was merely an intermediary between clients and NSEL and was never party to any counter party members.  Entire responsibility had been put on to exchange and not of brokers facilitating these transactions. The assessee is not liable to deduct tax at source.-Whether, in view of above, assessee was not required to deduct tax at source. (AY. 2013-14, 2014-15)

Leave a Reply

Your email address will not be published. Required fields are marked *

*