Dismissing the appeal of the revenue the Court held that ; Tribunal was right in concluding that the payment was on the basis of principal to principal and did not constitute commission and deleting the disallowance made by the assessing authority for non-deduction of tax at source from the commission or discount paid by the assessees to the advertising agency under section 194H .
PCIT v. Bhim Sain Garg Through Legal Heir Shailendra Garg. (2018) 407 ITR 388 (Raj) (HC) PCIT v. Shailendra Garg (2018) 407 ITR 388 (Raj) (HC) Editorial: SLP of revenue is dismissed , PCIT v. Bhim Sain Garg Through Legal Heir Shailendra Garg. ( 2018) 406 ITR 9 (St).
S.40(a)(ia):Amounts not deductible – Deduction at source –Commission – Principal to principal – Discount to advertisement agency – Not liable to deduct tax at source –No disallowance can be made . [ S.194H ]