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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 Rate Chart for FY 2022-23 / AY 2023-24 – Updated

June 13, 2022 553815 Views 6 comments Print

Explore the updated Income Tax TDS Rate Chart for FY 2022-23 / AY 2023-24. Comprehensive guide covering TDS rates on various incomes as per the Income-tax Act. Stay informed to ensure accurate tax deductions.

Difference in MRP & Sales price is not Commission to attract section 194H TDS

May 15, 2022 2250 Views 0 comment Print

Difference between MRP & price sold to Stockists, by no stretch of imagination, can be considered as commission or brokerage paid by assessee to its Stockists to attract section 194H TDS.

TDS on commission forming part of Salary deductible at the time of payment

March 6, 2022 8022 Views 0 comment Print

PCIT Vs Indofil Industries Limited (Bombay High Court) The issue herein is regarding disallowance under Section 40(a) (ia) of the said Act for amount of Rs.1,08,00,000/-. The Assessing Officer had noted that Respondent had made a provision for commission for the Chairman and the Managing Director (CMD) of the Company for Rs.1,08,00,000/- at the year […]

Different price provided to Services Providers not amounts to commission or brokerage

February 28, 2022 645 Views 0 comment Print

ITO Vs Thyrocare Technologies Ltd. (ITAT Mumbai) The assessee is providing pathological testing services through its diagnostic laboratories. The assessee has made arrangement with various sample collection centres referred to as Thyrocare Services Providers (TSPs) for collection of samples and forwarding the same for testing to the assessee. It is an admitted fact that the […]

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

October 12, 2021 2937 Views 0 comment Print

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 claimed by […]

TDS not deductible on Sale of Recharge Coupons & Starter Kits

October 3, 2021 2451 Views 0 comment Print

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 […]

Section 194H TDS on Commission & Brokerage- Analysis

July 6, 2021 157122 Views 0 comment Print

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.

TDS not Deductible on issue of Mobile Recharge Vouchers

June 4, 2021 4203 Views 0 comment Print

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 […]

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

January 20, 2021 1458 Views 0 comment Print

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 […]

No TDS on discount to pre-paid mobile service distributors

January 20, 2021 1599 Views 0 comment Print

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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