Delhi International Airport Ltd. v. PCIT (2022) 210 DTR 881 / 325 CTR 361 / 138 taxmann.com 541 (Karn.)(HC)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Commission, brokerage, etc.-Passenger service fees (PSF)-Not liable to deduct tax at source-Matter remanded for verification. [S. 194H]

Court held that no disallowance can be made for failure to discuss tax deducted at source in respect of passenger service fees (PSF) charges were withheld by Airlines Operators to extent of 2.5 per cent as per clause 1.4 of SOP issued by Ministry of Civil Aviation. In order to verify this factual aspect, matter had to be restored to file of Assessing Officer.  (AY. 2012-13, 2013-14, 2012-13 and 2011-12)