CIT v. Ahmadabad Stamp Future Association

348 ITR 378Supreme Court of India2012#2641 most cited

What is CIT v. Ahmadabad Stamp Future Association authority for?

The Supreme Court distinguishes a pure discount offered in a sale transaction from commission or brokerage. Section 194H of the Income Tax Act, which mandates TDS on commission or brokerage, does not apply to discounts given in principal-to-principal sale transactions.

44

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2014 to 2026.

Also referred to as

CIT v. Ahmadabad Stamp Future Association · Ahmedabad Stamp Vendors Association · Section 194H · TDS on discount · commission or brokerage · pure sale transaction · principal to principal · Section 40(a)(ia) disallowance · applicability of TDS

Sections most often in play

Section 194HSection 143(3)Section 40(a)(ia)Section 133B(2)Section 144C(3)Section 201(1)Section 263Section 37(1)

Issues it is cited on

section 194hdisallowance under section 40(a)(ia)section 194jbusiness expediencysection 194comparable companiessection 40(a)transfer pricing adjustmentsection 40(a)(ia)fees for technical servicessection 19section 92ca

Judgments citing CIT v. Ahmadabad Stamp Future Association

Hero Motocorp Limited, New Delhi vs. JCIT, New Delhi

In the result appeal of the assessee in ITA No

ITA 1545/DEL/2015[2010-11]Status: DisposedITAT Delhi24 Oct 2016AY 2010-11

Bench: Sh. I. C. Sudhir & Shri Prashant Maharishihero Motocorp Limited, Jcit, 34, Basant Lok, Vasant Range-1, New Delhi Vs. Vihar, New Delhi Pan: Aaach0812J (Appellant) (Respondent) Dcit, M/S. Hero Moto Corp. Circle-11(1), Ltd., 34, Community Vs. New Delhi Centre, Basant Lok, Vasant Vihar, New Delhi-110057 (Appellant) (Respondent) Dcit, M/S. Hero Moto Corp. Circle-11(1), Ltd., 34, Community

For Appellant: Sh. Ajay Vohra, Sr. AdvFor Respondent: Sh. NC Sawain, CIT DR
Section 143Section 143(3)Section 144CSection 92C

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ―I-2‖: NEW DELHI BEFORE SH. I. C. SUDHIR, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER Hero MotoCorp Limited, JCIT, 34, Basant Lok, Vasant Range-1, New Delhi Vs. Vihar, New Delhi PAN: AAACH0812J (Appellant) (Respondent) DCIT, M/s. Hero Moto Corp. Circle-11(1), Ltd., 34, Community Vs. New Delhi Centre, Basant Lok, Vasant Vihar, New Delhi-110057 (Appellant) (Respondent) DCIT, M/s. Hero Moto Corp. Circle-11(1), Ltd., 34, Community Page 2 of 484 New Delhi Vs. Centre, Basant Lok, Vasant Vihar, New Delhi-110057 (Appellant) (Respondent) M/s. Hero Moto Corp. D…

Senior Post Master, Meerut vs. ITO (TDS), Meerut

In the result, the appeal (ITA No

ITA 1472/DEL/2015[2002-03]Status: DisposedITAT Delhi15 Mar 2016AY 2002-03

Bench: : Shri.I.C. Sudhir & Shri Prashant Maharishisenior Post Master, Ito(Tds), C/O. Vinod Kumar Goel, Meerut Vs. 282, Boundary Road, Civil Lines, Meerut (Appellant) (Respondent)

For Appellant: Sh. V.K. Goyal, AdvFor Respondent: Sh. Bharat Bhushan Garg, Sr. DR
Section 194HSection 201Section 201(1)

…ot proper in view of proviso to section 201 of the act and regarding interest the first proviso to section 201()1A) may also be considered. The decision cited by learned AR of the honourable supreme court of India in CIT V Ahmedabad Stamp vendors associations 348 ITR 378 does not apply to the facts of the case as that decision was on the issue whether the discount given to stamp vendors for purchasing stamps in quantity was in the nature of commission where in honorable supreme court has held in negative. This is not the case of discount given by the post office to the agents but issue of commission paid by post…

ACIT, Mangalore vs. M/S Corporation Bank, Mangalore

In the result, appeal of the revenue stands dismissed

ITA 1264/BANG/2013[2011-12]Status: DisposedITAT Bangalore11 Mar 2015AY 2011-12

Bench: Shri Rajpal Yadav & Shri Abraham P George

For Appellant: Shri S. Ananthan, CAFor Respondent: Dr. P.K.Srihari, Addl.CIT
Section 36(1)Section 36(1)(vii)Section 36(1)(viia)Section 36(1)(viiia)

…held that there should be an element of agency in all the three situations as envisaged in clause (i) of the Explanation to Section 194H of the Act. 9. On appeal before the Supreme Court, the decision was upheld by a short order, which is reported as (2012) 348 ITR 378 (SC), observing that the stamp vendors had purchased stamps in bulk and had received a cash discount. The Supreme Court concurred with the judgment of the High Court that the transaction was of sale and Section 194H of the Act had no application. Thus, holding that a contract of agency did not exist. 10. Similar view has been expressed by the Ke…

The Commissioner of Income Tax-II vs. Jds Apparels Private Limited

ITA/608/2014HC Delhi18 Nov 2014
Section 133ASection 143(3)Section 194DSection 194HSection 260ASection 40

…d that there should be an element of agency in all the three situations as envisaged in clause (i) of the Explanation to Section 194H of the Act. 9. On appeal before the Supreme Court, the decision was upheld by a short order, which is reported as (2012) 348 ITR 378 (SC), observing that the stamp vendors had purchased stamps in bulk and had received a cash discount. The Supreme Court concurred with the judgment of the High Court that the transaction was of sale and Section 194H of the Act had no application. Thus, holding that a contract of agency did not exist. 2014:DHC:6160-DB ITA No. 608/2014…