11 September, 2012

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Discount in Sale is NOT Commission / Brokerage : SC

Discount on Sale is Not Commission / Brokerage

The assessee, an association of stamp vendors, bought stamps from the State Govt. at a discount. The department claimed that the stamp vendors were “agents” of the State Govt. and that the said discount was “commission or brokerage” and the State Govt. ought to deduct TDS u/s 194H. The assessee filed a Writ Petition to challenge the department’s action. The Gujarat High Court (257 ITR 202) upheld the assessee’s plea that (a) title in the stamps passed to the vendors and that they were not “agents” of the State Govt. but were transacting on a “principal to principal” basis and (b) the discount available to the stamp vendors was not “commission or brokerage” so as to fall within s. 194H.

On appeal by the department to the Supreme Court, HELD dismissing the appeal:

Held that ,

"We are satisfied that 0.50% to 4% discount given to the Stamp Vendors is for purchasing the stamps in bulk quantity and the said discount is in the nature of cash discount. In the circumstances, we concur with the impugned judgement that the impugned transaction is a sale. Consequently, Section 194H of the Income-tax Act, 1961, has no application."

For Complete Judgement : Click here

Courtesy : ITAT Online

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