PCIT v. Dempo Industries (P.) Ltd. (2021) 279 Taxman 166/ 205 DTR 489/ 322 CTR 676 (Bom.)(HC)

S. 194H : Deduction at source-Commission or brokerage-Trade discount-Newspaper vendors and advertising agencies-Not in the nature of commission-Not liable to deduct tax at source. [S. 40(a)(ia)]

Dismissing the appeal of the revenue the Court held that, newspaper vendors and advertising agencies were not agents of assessee. Tribunal is right in holding that the assessee would not be liable to deduct tax at source  on payment made to newspaper vendors and advertising agencies. No disallowance could be made.  (AY. 2011-12)