Tata Sky Ltd. v. ACIT (2020) 195 DTR 177 / 208 TTJ 194 (Mum.)(Trib.)

S. 194H : Deduction at source-Commission or brokerage-Discounts on recharge offered to customers / distributers / subscribers are not commission-Not liable to deduct tax at source.

Where assessee, engaged in business of providing DTH services, sold set top Box (STB) & hardware and recharge coupon vouchers to distributors at a discounted rate and provided certain discount/bonus or credits to customers/subscribers for taking subscription directly from company’s website, discounts so offered could not be considered as commission and, hence, not liable for deduction of tax at source under section 194H. (AY. 2009-10, 2010-11)