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No TDS u/s 194H as amount retained by e-commerce platforms were service fees and not commissions
Case Law Details
- Case Name
- Nikhil Sharma Vs ITO (ITAT Jaipur)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2020-21
- Courts
- All ITAT, ITAT Jaipur
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Nikhil Sharma Vs ITO (ITAT Jaipur)
Conclusion: Assessee was not liable to deduct TDS under section 194H as relationship between e-commerce platform and assessee was not of an agency but that of two independent parties on principal to principal basis. Moreso, e-commerce platform was not involved in buying or selling goods, and the amount retained was a fee for e-commerce services, not commission or brokerage.
Held: Assessee was prop. of M/s. Ratnavali Jewels, engaged in the trading of selling products on e-commerce platforms like Amazon, Flipkart and Snapdeal etc. The case of...





