Case Law Details
Vodafone India Ltd. Vs ACIT (ITAT Ahmedabad)
Where assesse engaged in business of providing mobile telephone services, sold prepaid vouchers to its distributors at a rate lower than its face value, difference between face value and selling price of prepaid voucher could not be regarded as commission requiring deduction of tax at source under section 194H
Section 194H of the Income-tax Act, 1961 – Deduction of tax at source – Commission or brokerage etc. (Sale of prepaid vouchers) – Assessment year 2008-09 – Whether where assessee, engaged in business of providing mobile telephone services, sold prepaid vouchers to its distributors at a rate lower than its face value, since said safe took place on principal to principal basis and there was no income accruing or arising to distributor at point of time of sale of prepaid card, difference between face value and selling price of prepaid voucher could not be regarded as commission requiring deduction of tax at source under section 194H – Held, yes
FULL TEXT OF THE ORDER OF ITAT AHMEDABAD
1. These three appeals have been filed by the Assessee are directed against the common order passed by the Commissioner of Income Tax (‘hereinafter called CIT(A)’) order no. CIT(A)-8/10037/2017-18, 10039/2017-18 & 10040/2017-18 order dated 13/10/2017. Assessee has taken following grounds of appeal:
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