Assessee was engaged in providing telecommunication services in various parts in India-Assessee, under pre-paid arrangement, extended discount to prepaid cards to distributors. The AO held that on amount of discount offered to distributors the assessee is liable to deduct tax at source. Tribunal held that discount extended to prepaid distributors was in nature of margin for such distribution of right to prepaid services and such discount did not qualify as commission within meaning of section 194H hence not liable to deduct tax at source. (AY. 2009-10 to 2012-13)
Vodafone Idea Ltd. v. ACIT (2020) 184 ITD 204 (Cuttack)(Trib.)
S. 194H : Deduction at source-Commission or brokerage-Discount on pre-paid sim cards-Not required to deduct tax at source.