section 194H

Section 194H TDS on Commission & Brokerage- Analysis

Income Tax - Who is responsible to deduct tax u/s 194H? Any person, (other than individual or a Hindu undivided family) who is responsible for paying, to a resident, any income by way of commission (not being insurance commission referred to in section 194D) or brokerage, shall, deduct income-tax thereon....

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TDS Rate Chart for FY 2021-22 / AY 2022-23 – Updated

Income Tax - Income Tax TDS Rate Chart for for Financial Year (FY) 2021-22 / Assessment Year (AY) 2022-23 The term ‘TDS’ refers to ‘Tax Deduction at source’. It is a mechanism wherein a person responsible to pay a sum of specified nature shall deduct an amount towards TDS and pay it to the credit of Central Government. […]...

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Section 194H TDS on Commission and Brokerage with Case Laws

Income Tax - Section 194H is for income tax deducted on any income by way of commission or brokerage, by any person responsible for paying to a resident. (Section 194H does not include insurance commission referred to in section 194D.) Individuals/HUFs who were covered under section 44AB(a) and (b) in the preceding previous year i.e. whose gross turno...

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TDS Rate Chart for Financial Year 2020-21

Income Tax - Simple TDS Rate Chart for Financial Year 2020-21 –  Applicable from 14th May 2020 Kindly Note amended rates are been given on the basis of PIB Notification dated 13.05.2020 and on the date of Publication of this post no notification in this regard is been notified by the CBDT. Press release can be accessed at […]...

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TDS on Rent & Brokerage on immovable Properties

Income Tax - A critical analysis on the provisions of Tax Deductions at sources with respect to rental income & brokerage /commission income on immovable Properties (Updated as per Finance Act , 2020) In order to enhance the effectiveness of the discussion, I would like to present it in Frequently asked questions and answers Mode – 1) Normal...

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TDS not deductible by distributor for mere routing of commission paid to retailers by telecom company through his ledger

Laxmi D. Gupta Vs ITO (ITAT Mumbai) - Laxmi D. Gupta Vs ITO (ITAT Mumbai) ITAT: Telecom Distributor is exempt from TDS on Commission given directly to Retailers by Service Provider In the case, the Appellant is engaged in distribution of SIM cards and mobile recharge coupons of Uninor. During proceedings, upon perusal of financial state...

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TDS not deductible on Sale of Recharge Coupons & Starter Kits

ITO (TDS) Vs Tata Teleservices Limited (ITAT Delhi) - ITO (TDS) Vs Tata Teleservices Limited (ITAT Delhi) ITAT held that the sale of recharge voucher coupons and starter kits and the discount offered to the distributors would not attract TDS provisions u/s 194H of the Act and as such no default U/s 201(1) of the Act can be attributed to the assessee. S...

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TDS not Deductible on issue of Mobile Recharge Vouchers

Vodafone India Ltd. Vs ACIT (ITAT Ahmedabad) - 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...

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No TDS on discount/commission on sale of prepaid sim cards & Roaming Charges

Vodafone Idea Ltd. Vs ITO (ITAT Delhi) - Vodafone Idea Ltd. Vs ITO (ITAT Delhi) At the outset, we find merit in the contention of the Ld. Counsel of the Assessee that in the absence of any adverse judgment by the Hon’ble Jurisdictional High Court, i.e., the Hon’ble High Court of Punjab & Haryana, there being divergence of judicial ...

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No TDS on discount to pre-paid mobile service distributors

Vodafone Idea Ltd. Vs ITO, TDS (ITAT Delhi) - Discount offered on some of the prepaid mobile services did not partake the character of commission under Section 194H and hence there was no obligation to withhold tax on such discounts on pre­paid services. ...

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TDS on payments for procuring or canvassing for advertisements

Circular No. 05/2016- Income Tax - (29/02/2016) - Law Related to Tax Deduction at Source (TDS) on payments by television channels and publishing houses to advertisement companies for procuring or canvassing for advertisements....

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Recent Posts in "section 194H"

TDS not deductible by distributor for mere routing of commission paid to retailers by telecom company through his ledger

Laxmi D. Gupta Vs ITO (ITAT Mumbai)

Laxmi D. Gupta Vs ITO (ITAT Mumbai) ITAT: Telecom Distributor is exempt from TDS on Commission given directly to Retailers by Service Provider In the case, the Appellant is engaged in distribution of SIM cards and mobile recharge coupons of Uninor. During proceedings, upon perusal of financial statements, the AO disallowed the expenses cl...

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TDS not deductible on Sale of Recharge Coupons & Starter Kits

ITO (TDS) Vs Tata Teleservices Limited (ITAT Delhi)

ITO (TDS) Vs Tata Teleservices Limited (ITAT Delhi) ITAT held that the sale of recharge voucher coupons and starter kits and the discount offered to the distributors would not attract TDS provisions u/s 194H of the Act and as such no default U/s 201(1) of the Act can be attributed to the assessee. Sole issue […]...

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Section 194H TDS on Commission & Brokerage- Analysis

Who is responsible to deduct tax u/s 194H? Any person, (other than individual or a Hindu undivided family) who is responsible for paying, to a resident, any income by way of commission (not being insurance commission referred to in section 194D) or brokerage, shall, deduct income-tax thereon....

Read More
Posted Under: Income Tax |

TDS not Deductible on issue of Mobile Recharge Vouchers

Vodafone India Ltd. Vs ACIT (ITAT Ahmedabad)

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 un...

Read More

TDS Rate Chart for FY 2021-22 / AY 2022-23 – Updated

Income Tax TDS Rate Chart for for Financial Year (FY) 2021-22 / Assessment Year (AY) 2022-23 The term ‘TDS’ refers to ‘Tax Deduction at source’. It is a mechanism wherein a person responsible to pay a sum of specified nature shall deduct an amount towards TDS and pay it to the credit of Central Government. […]...

Read More
Posted Under: Income Tax | ,

No TDS on discount/commission on sale of prepaid sim cards & Roaming Charges

Vodafone Idea Ltd. Vs ITO (ITAT Delhi)

Vodafone Idea Ltd. Vs ITO (ITAT Delhi) At the outset, we find merit in the contention of the Ld. Counsel of the Assessee that in the absence of any adverse judgment by the Hon’ble Jurisdictional High Court, i.e., the Hon’ble High Court of Punjab & Haryana, there being divergence of judicial opinion on the subject […]...

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No TDS on discount to pre-paid mobile service distributors

Vodafone Idea Ltd. Vs ITO, TDS (ITAT Delhi)

Discount offered on some of the prepaid mobile services did not partake the character of commission under Section 194H and hence there was no obligation to withhold tax on such discounts on pre­paid services. ...

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No Section 194H TDS on discount on Sale of set top box & recharge coupons

Tata Sky Limited Vs ACIT (ITAT Mumbai)

TDS under section 194H was not required to be deducted on discount allowed to distributors on sale of Set Top Box and hardware, recharge coupons vouchers because transaction between assessee company and distributor was on principal-to-principal basis and all the risk, loss, damages were transferred to distributor on delivery and it was a ...

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Section 194H TDS on Commission and Brokerage with Case Laws

Section 194H is for income tax deducted on any income by way of commission or brokerage, by any person responsible for paying to a resident. (Section 194H does not include insurance commission referred to in section 194D.) Individuals/HUFs who were covered under section 44AB(a) and (b) in the preceding previous year i.e. whose gross turno...

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Posted Under: Income Tax |

Section 194H TDS not applicable on Expense on providing travel, accommodation to stockists, dealers & field staff by Pharma Companies

Intas Pharmaceuticals Ltd. Vs ACIT (ITAT Ahmedabad)

Intas Pharmaceuticals Ltd. Vs ACIT (ITAT Ahmedabad) Conclusion: Since assessee incurred expenses for providing facilities/services such as travel, accommodation and equipment to persons associated with it such as stockist, field staff, distributors and doctors and also incurred expenses towards distribution of various articles/gifts/other...

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