Fees for rendering banking services cannot be treated as commission for TDS U/s. 194H

CIT Vs Cleartrip Pvt. Ltd. (Bombay High Court)

In case of Amount retained by the bank for the fees charged for having rendered banking services, the same cannot be treated as a commission or a brokerage paid in course of use of banking service by a person acting on behalf of another for buying or selling goods, so as to be hit by section 194H (TDS on commission and brokerage).

FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT

1. This Appeal is filed by the Revenue challenging the Judgment of the Income Tax Appellate Tribunal. The following question has been presented for our consideration :

“Whether on the facts and in the circumstances of the case and in law, the Hon’ble ITAT was justified in holding that no TDS was deductible u/s 194­H of the Act by the assessee company on the amount withheld by the banks/credit card agency as service charges in respect of credit card services provided ?”

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