DENTSU ADVERTISING & MEDIA SERVICES INDIA PVT LTD,MUMBAI vs. PR. CIT, NEW DELHI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that payments made by an advertising agency to a media company for booking or procuring advertisements are not subject to TDS under Section 194C. The PCIT's order was quashed as the reasons did not hold water.
What were the facts?
The assessee made a payment to an advertising agency without deducting TDS. The PCIT invoked Section 263, considering the assessment order erroneous and prejudicial to revenue for not examining the TDS aspect. The assessee argued that no TDS was required as per CBDT circulars.
What were the issues?
Whether TDS under Section 194C is applicable on payments made by an advertising agency to a media company for advertisement placement services. Whether the PCIT was justified in revising the assessment order under Section 263 on this ground.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘B’ NEW DLEHI
Before: SHRI O.P. KANT & SHRI K. NARASIMHA CHARY
PER K. NARASIMHA CHARY, J.M. Aggrieved by the order dated 29/3/2019 passed by the learned Pr. Commissioner of Income Tax, Delhi (“Ld. PCIT”), in the case of M/s Dentsu media and holding India private limited (“the assessee”), for the assessment year 2014-15, under section 263 of the Income Tax Act, 1961 (for short “the Act”), assessee preferred this appeal.
Brief facts of the case are that the assessee is a company engaged in the business of providing digital and media related advertisement to place services and the nature and source of its income remained the same for the assessment year 2014-15 as in the earlier years. Assessee filed the return of income on 29/11/2014 declaring an income of Rs. 1,07,36,842/-and the learned Assessing Officer, while accepting the same concluded the assessment by order dated 19/20-12-2016 passed under section 143(3) of the Act, determined the income of the assessee at Rs. 1,07,36,842/-.
Ld. PCIT, however, noticed that the assessee had made a payment of Rs. 2,70,85,560/-to M/s Associated Broadcasting Company Limited without deducting tax at source (TDS)under section 194C of the Act in violation of provisions under section 40(a)(i) of the Act, and, therefore, the assessment order was erroneous and prejudicial to the interest of Revenue as the Assessing Officer failed to examine the vital aspects concerning deductibility of tax at source under section 194C of the Act. On this premise, he cancelled the order passed by the learned Assessing Officer and directed the Assessing Officer to pass a fresh assessment order by taking care of this aspect.
Aggrieved by such an action of the learned PCIT, assessee preferred this appeal stating that the order passed by the learned PCIT is arbitrary, biased and bad in law and on facts of the case. It is argued by the Ld. AR that M/s Associated Broadcasting Company Pvt. Ltd is an advertising agency and in terms of circular No. 715 dated 8/8/1995 the assessee is not required to make any deduction of tax at source and also that the circular No. 715 of CBDT does not provide that payment made to an entity in printed/electronic media should exclusively be engaged in media business only.
Per contra, it is the contention of the Ld. DR that M/s Associated Broadcasting Company Pvt. Ltd is also doing the news agency activities in addition to the business of TV9 having news channels in different languages, it is engaged in community, personal and social services as well and, therefore, the basic nature of its business is that of a service provider. He further submitted that CBDT circular No. 715 has no application to the facts of the case because there is principal-agent relationship in this transaction as the amount of charges are fixed by M/s Associated Broadcasting Company Pvt. Ltd that can be charged by the assessee from the advertiser. On this premise is he justified the order passed by the learned PCIT under section 263 of the Act.
We have gone through the record in the light of the submissions made on either side. It’s not in dispute that the assessee is engaged in the business of providing digital and media related advertisement place services. It is also not in dispute that M/s Associated Broadcasting Company Pvt. Ltd to whom the amounts were paid by the assessee, was also in the business of advertising agency. However, as could be seen from the order of the Ld. PCIT the objection taken by him is that apart from doing the advertising agency business, M/s Associated Broadcasting Company Private Limited is also conducting news agency activities in addition to doing business as TV 9 having news channels in different languages. Ld. CIT observed that M/s Associated Broadcasting Company Pvt. Ltd is engaged in community, personal and social services as well and, therefore, the basic nature of its business is that of a service provider.
In spite of all these averments made by the Ld. PCIT, the fact remains that M/s Associated Broadcasting Company Pvt. Ltd is also an advertising agency and in that capacity it received amounts from the assessee. It could be seen from the clarifications issued on various provisions relating to tax deduction at source regarding changes introduced through Finance Act, 1995 issued by the Income Tax Department, it is clearly stated that the amended provisions of tax deduction at source would apply when a client makes payment to an advertising agency and not when advertising agency makes payment to the media. In circular No. 5/2016 dated 29/2/2016 it is clarified that under circular No. 715 dated 8/8/1995 TDS under section 194C will be applicable to the payment made by client to the advertising agency; that while referring to the decision of the Hon’ble Delhi High Court in the case of Living Media Limited and also the decision of Hon’ble Allahabad High Court in the case of Jagran Prakashan Ltd it was clarified that no TDS is attracted on payments made to the advertising agency for booking or procuring of our canvassing for advertisements.
It is further submitted for the subsequent assessment years of 2015-16, 2016-17 and 2017-18 no addition was made on this score. Having gone through the contents of the circular No. 715 dated 8/8/1995, 5 of 2016 dated 29/2/2016 and also taking into consideration the fact of the Revenue accepting the plea of the assessee for the subsequent assessment years, we are the considered opinion that the reasons given by the Ld. CIT to set aside the assessment order and to revise the same under section 263 of the Act do not hold much water and therefore, the impugned order cannot be sustained. We accordingly quash the same.
In the result, appeal of the assessee is allowed. Order pronounced in the open court on 11/06/2021
More judgments on Section 263
- Gillette India Limited, Mumbai vs Principal Commissioner of Income Tax, JaipurITA 1316/JPR/2026[2018-19]Status: Disposed16 Oct 2026AY 2018-19
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Vimal Harilal Baldania, Gandhidham vs The ITO Ward 2, GandhidhamITA 770/RJT/2025[2017-18]Status: Disposed15 Oct 2026AY 2017-18
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1493/KOL/2026[2015-2016]Status: Disposed15 Oct 2026AY 2015-2016
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1492/KOL/2026[2013-2014]Status: Disposed15 Oct 2026AY 2013-2014
Recent GST High Court judgments
Search GST case law →- M/S. Ut Corp vs. Union Of INDIARajasthan · 26 Oct 2026
- Sunrise Engineering vs. The State Of Andhra PradeshAndhra Pradesh · 26 Oct 2026
- M/S Kalra Traders vs. Union Of INDIAUttarakhand · 26 Oct 2026
- Ms Isoft vs. The Commissioner State TaxUttarakhand · 26 Oct 2026
- M/S Sita Enterprises vs. Office Of The CommissionerUttarakhand · 26 Oct 2026