Case Law Details
Case Name : Sands Advertising Communications Pvt. Ltd. Vs. DCIT (TDS) [ITAt Bangalore]
Related Assessment Year :
Courts :
All ITAT ITAT Bangalore
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RELEVANT PARAGRAPH
8.1.7. Even on a close reading of the Circular makes it very clear that the term “advertising” has not been defined in the Act. During the course of the consideration of the Finance Bill, 1995, the Finance Minister clarified on the floor of the House that the amended provisions of tax deduction at source would apply when a client makes payment to an advertising agency and NOT when an advertising agency makes payment to the media, which includes both print and electronic media. The present assessee was not a client, but, an advertising agency. Considering Trishul ...
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THE DECISION IS PERFECTLY CORRECT SINCE AD AGENCY IS ONLY A COLLECTING AGENT OF THE MEDIA AND HE ACTS AS AN AGENT BETWEEN THE MEDIA AND THE CLIENT. HENCE THE AD AGENCY PAYMENTS TO MEDIA IS NOT COVERED U/S 194C OF THE INCOME TAX ACT