THE COMMISSIONER OF INCOME TAX vs. M/S. ADISHWAR INDIA LTD
What did the High Court hold?
The High Court agreed with the ITAT, holding that the fee charged by the bank for credit card usage is a service fee and not commission or brokerage under Section 194H. Therefore, no TDS was required.
What were the facts?
The revenue appealed against an ITAT order that treated credit card fees charged by a bank not as commission, but as a fee for banking services. The assessee had not deducted TDS on these fees, leading to a disallowance under Section 40(a)(ia).
What were the issues?
Whether credit card fees charged by a bank constitute commission or brokerage attracting TDS provisions under Section 194H, and consequently, disallowance under Section 40(a)(ia).
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
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- CIT v. JDS Apparels (P.) Ltd.54 citing370 ITR 454 · 2015 · HC · Read judgment
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF AUGUST, 2015
PRESENT
THE HON'BLE MR. JUSTICE VINEET SARAN
AND
THE HON’BLE MR. JUSTICE B. MANOHAR
ITA NO.96/2015
BETWEEN
THE COMMISSIONER OF INCOME-TAX, C.R.BUILDING, QUEENS ROAD, BANGALORE.
THE DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-11(1) RASHTROTHANA BHAVAN,
NRUPATHUNGA ROAD, BANGALORE-560 001. ….APPELLANTS
(BY SRI K.V.ARAVIND, ADV.,)
AND
M/S.ADISHWAR INDIA LTD. NO.140, 11TH CROSS, I MAIN, 2ND STAGE, WEST OF CHORD ROAD BANGALORE-560 086 PAN:AABCA 4663P …RESPONDENT
THIS ITA IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED:21.11.2014 PASSED IN
ITA NO.1506/BANG/2013, FOR THE ASSESSMENT YEAR 2010-2011 PRAYING TO: I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE; II. ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL, BANGALORE, IN ITA NO.1506/BANG/2013 DATED 21.11.2014 CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), BANGALORE.
THIS ITA COMING ON FOR ADMISSION THIS DAY, VINEET SARAN J. DELIVERED THE FOLLOWING:
JUDGMENT
This is an appeal filed by the revenue challenging the order of the ITAT whereby the fee charged by the Bank for use of credit cards has been treated as a commission paid by the assessee on which TDS was not deducted by the assessee and hence the disallowance of expenditure under Section 40(a)(ia) of the Income Tax Act, 1961 (for short ‘the Act’) was made.
We have heard the learned counsel for the appellants and are in conformity with the order of the Tribunal that the fee charged by the assessee would not be a commission or brokerage that would attract the provisions of Section 194H of the Act.
The Division Bench of Delhi High Court also in the case of Commissioner of Income Tax –vs- JDS Apparels Private Limited (2015) 370 ITR 454 held that the amount retained by the bank is a fee charged by them for having rendered the banking services and cannot be treated as a commission or brokerage paid in course of use of any services by a person acting on behalf of another for buying or selling of goods.
As such, we are of the opinion that no substantial question of law arises for determination by this Court. The appeal is accordingly dismissed.
Sd/-
JUDGE
Sd/-
JUDGE
More judgments on Section 40(a)(ia)
- Rekha Agarwal, Jaipur vs ITO WD 4(1), JaipurITA 844/JPR/2025[2021-22]Status: Disposed21 Oct 2026AY 2021-22
- Cdg Petchem Limited, Hyderabad vs ITO, Ward - 1(1), HyderabadITA 1900/HYD/2025[2018-2019]Status: Disposed16 Oct 2026AY 2018-2019
- M/S. Shree Laminators Ltd., Kolkata vs DCIT, Circle 4(4), KolkataITA 1534/KOL/2026[2011-2012]Status: Disposed15 Oct 2026AY 2011-2012
- 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
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