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section 194H

Latest Articles


Decoding The Principal – Agent Relationship: An Analysis of Supreme Court’s Interpretation of Section 194-H of Income Tax Act, 1961

Income Tax : Explore the Supreme Court interpretation of Section 194-H of the Income Tax Act, 1961, analyzing the distinction between commissio...

April 15, 2024 1989 Views 0 comment Print

Key TDS Connections: Sections 194C, 194H, 194J, and 194M

Income Tax : Dive into the intricacies of TDS under Sections 194C, 194H, 194J, and explore their critical relation with Section 194M. Clear ins...

December 12, 2023 7893 Views 4 comments Print

Commission paid to Booking.com – Applicability of TDS Provisions

Income Tax : Learn about the applicability of TDS provisions for commission payments to Booking.com in India, including analysis of tax laws an...

November 5, 2023 9153 Views 1 comment Print

Presumptive Taxation Scheme for Business Section 44AD of Income Tax Act

Income Tax : Discover simplified taxation scheme under Section 44AD of Income Tax Act. Learn eligibility criteria, exemptions, and key insights...

September 18, 2023 27597 Views 12 comments Print

TDS Rate Chart for FY 2023-24 / AY 2024-25 – Updated

Income Tax : Updated TDS Rate Chart for FY 2023-24 (AY 2024-25). Find the latest rates for tax deduction at source for various transactions. Ea...

July 25, 2023 54066 Views 4 comments Print


Latest News


Budget 2024: Section 194H TDS Rate on commission or brokerage to reduce to 2% WEF October 1, 2024

Income Tax : Understand Section 194H of the Income-tax Act: It mandates a 5% TDS on commission or brokerage payments to residents, soon reducin...

July 24, 2024 1710 Views 0 comment Print


Latest Judiciary


No TDS on Payments Received by Distributors/Franchisees from Third Parties

Income Tax : Calcutta High Court rules in favor of Vodafone Idea Limited, stating no TDS is required on payments received by distributors/franc...

July 10, 2024 339 Views 0 comment Print

Telecom Distributor Discounts Not Subject to TDS as Commission: Gujarat HC

Income Tax : Gujarat High Court rules in favor of Bharti Airtel Ltd, stating distributor discounts are not subject to TDS under Section 194 of ...

July 9, 2024 147 Views 0 comment Print

TDS not deductible on interest retained by NBFCs on assets purchased by SBI

Income Tax : Whether interest retained by NBFCs on assets purchased by SBI falls under categories of interest, fees for professional/technical ...

May 14, 2024 648 Views 0 comment Print

Letters of Comfort will construe as an International Transaction u/s 92B

Income Tax : Issuance Of Letters Of Comfort/Support will Construe As International Transaction U/s 92B considering corporate guarantee issued b...

May 13, 2024 600 Views 0 comment Print

Expenditure u/s 37(1) should be disallowed to the extent not in line with existing business

Income Tax : Expenditure incurred by assessee should be disallowed to the extent that expenditure which had been incurred for evaluation of bus...

May 11, 2024 1398 Views 0 comment Print


Latest Notifications


TDS on payments for procuring or canvassing for advertisements

Income Tax : Law Related to Tax Deduction at Source (TDS) on payments by television channels and publishing houses to advertisement companies f...

February 29, 2016 7834 Views 0 comment Print


TDS U/s. 194H not deductible on bank guarantee commission

December 6, 2017 5223 Views 0 comment Print

When the bank issues a bank guarantee on behalf of the assessee, all it does is to accept the commitment of making payment of a specified amount to the beneficiary on demand and it is in consideration of this commitment that the bank charges of fee which is termed as ‘bank guarantee commission’

TDS U/s. 194H not applicable on Bank Guarantee Commission

November 20, 2017 7599 Views 0 comment Print

The contract of guarantee does not give any rise to principal – agent relationship between the assessee and the bank and, therefore, the consideration received by the bank on account of guarantee commission cannot be reckoned as commission as contemplated under section 194H and accordingly, there was no requirement to deduct TDS on this payment.

TDS U/s. 194H not applies on discounts on principal to principal basis

November 17, 2017 2193 Views 1 comment Print

ITO Vs Tarun Sales (ITAT Delhi) Since no dealer or sub-dealer was appointed either by BSNL or by the assessee, for the purpose of marketing the products and/or service of the Bharat Sanchar Nigam Ltd., the entire sales were to customers, either directly or through shopkeepers, who rendered services to the customers.

TDS on IUC charges paid to foreign / non-resident telecom operators and discount to prepaid distributors

November 13, 2017 4362 Views 0 comment Print

Addition on account of discount extended to prepaid distributors Third proviso to section 194H will get attracted only when the nature of payment is “commission or brokerage”. Parties before us agree that majorly the distribution of products by BSNL and MTNL takes place through Public Call Office franchisees since this was an infrastructure existing with […]

Section 194H: TDS not applicable on Bank guarantee commission

August 14, 2017 1221 Views 0 comment Print

DCIT Vs. Delta Constructions Ltd. (ITAT Hyderabad) Assessee contends that in order to invoke the provisions of section 40(a)(ia) it has to be shown that the payment made by the assessee is attracted by the provisions of section 194H of the Act i.e., there is liability to deduct tax at source on the bank guarantee […]

TDS U/s. 194H not deductible on sales to distributors on principal to principal basis

July 11, 2017 4083 Views 0 comment Print

Hindustan Coca Cola Beverages Pvt. Ltd Vs. CIT (Rajasthan High Court) Issues Under Consideration (i) Whether in the facts and circumstances of the case the learned Tribunal was right and justified in holding that assessee was liable to withhold tax at source under S.194H of the Income Tax Act, 1961 amounting to Rs.19,74,842/- (including interest) […]

Secret reference fees paid by diagnostic centre to Doctors is liable to TDS

June 8, 2017 5187 Views 0 comment Print

he payment made by the assessee as referral fees is directly proportionate or percentage of an amount received by the assessee for providing CT scan and MRI scan and such payment comes within the term ‘Commission or Brokerage’.

Budget 2017: Increase 2 crore Turnover limit for section 194A/ 194H/ 194I & 194J

February 28, 2017 21150 Views 6 comments Print

Section 44AB – Increased threshold for presumptive tax cases under section 44AD – Consequential amendments required in section 194A/ 194H/ 194I & 194J

No penalty for non deduction of TDS on sale of SIM Cards/recharge coupons at discounted rate

February 23, 2017 1401 Views 0 comment Print

Tribunal held that sale of SIM Cards/recharge coupons at discounted rate to distributors is not commission and therefore, not liable to TDS provisions u/s. 194H of the Act. Once, the substratum for levy of penalty has eroded there is no question for sustaining the penalty.

TDS Rates Chart for FY 2017-18 / AY 2018-19

February 18, 2017 2166132 Views 43 comments Print

TDS Rates Chart for Financial Year 2017-18/ Assessment Year 2018-19 vide Finance Act 2017 i.e Budget 2017-18. We have updated the TDS rate chart considering the amendments made by Finance Act, 2017.

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