Trib.), Foster's India (P.) Ltd. v. ITO

34 SOT 216Income Tax Appellate Tribunal2009#9699 most cited

What is Trib.), Foster's India (P.) Ltd. v. ITO authority for?

A principal-agent relationship is essential for invoking Section 194H of the Income Tax Act. Without this relationship, the commission paid for a bank guarantee is not subject to TDS under this section.

11

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2015 to 2021.

Also referred to as

Foster's India (P.) Ltd. v. ITO · 34 SOT 216 · Section 194H · principal agent relationship · bank guarantee commission · TDS · withholding tax

Judgments citing Trib.), Foster's India (P.) Ltd. v. ITO

North Eastern Carrying Corporation Ltd., New Delhi vs. ACIT, Circle- 18(2), New Delhi

In the result, the appeal of the assessee is allowed

ITA 5964/DEL/2017[2013-14]Status: DisposedITAT Delhi23 Sept 2021AY 2013-14

Bench: Shri O.P. Kant & Shri Amarjit Singh[Through Video Conferencing] Assessment Year: 2013-14

Section 143(3)Section 2Section 40

…ted in the said definition. Therefore, as held by the coordinate benches in a number of cases including SRL Ranbaxy Ltd vs ACIT (ITA No. 434/Del/11; order dated 16.12.2011), Fosters India Ltd Vs ITO (117 TTJ 346), and Ajmer Zila DugdhUtpadak Sangh Ltd Vs ITO (34 SOT 216), principal agent relationship is a sine qua non for invoking the provisions of Section 194 H. In the case before us, there is no principal agent relationship between the bank issuing the bank guarantee and the assessee. When bank issues the bank guarantee, on behalf of the assessee, all it does is to accept the commitment of making payment of a s…

Flowmore Ltd, New Delhi vs. ACIT, Circle-9(1), New Delhi

In the result, appeal of the assessee is allowed

ITA 5372/DEL/2018[2013-14]Status: DisposedITAT Delhi09 Mar 2021AY 2013-14

Bench: Shri Prashant Maharishi & Shri K.Narasimha Chary

Section 143(3)Section 194Section 194HSection 2Section 2(28)Section 40a

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘B’ NEW DELHI BEFORE SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER & SHRI K.NARASIMHA CHARY, JUDICIAL MEMBER ITA No.-5372/Del/2018 (Assessment Year: 2013-14) M/s Flowmore Limited, Vs. ACIT Plot No. 14 Block-B/11, Circle-9(1), Mohan Cooperative Estate New Delhi. New Delhi PAN No. AAACF0876E Appellant Respondent Assessee by Sh. Deepak Ostwal, CA Revenue by Sh. Rajesh Kumar, Sr. DR Date of hearing: 09.03.2021 Pronouncement on 09.03.2021 ORDER PER K. NARASIMHA CHARY, JM Aggrieved by the order dated 31.05.2018 in Appeal No. 240/16-17 passed by the Commissioner of Inc…

Nn Buildcon Pvt. Ltd., New Delhi vs. DCIT, New Delhi

In the result, the appeal of the assessee is allowed

ITA 1748/DEL/2017[2012-13]Status: DisposedITAT Delhi21 Jan 2020AY 2012-13

Bench: Shri Amit Shukla & Shri O.P. Kantassessment Year: 2012-13

Section 143(3)Section 194Section 40

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘E’, NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI O.P. KANT, ACCOUNTANT MEMBER Assessment Year: 2012-13 M/s. N N Buildcon Pvt. Ltd., Vs. DCIT, H-475, First Floor, New Circle-18(2), Rajinder Nagar, New Delhi New Delhi PAN :AADCN2170J (Appellant) (Respondent) Appellant by None Respondent by Ms. Rakhi Vimal, Sr.DR Date of hearing 08.01.2020 Date of pronouncement 21.01.2020 ORDER PER O.P. KANT, AM: Aggrieved with order dated 16/01/2017 passed by the learned Commissioner of Income Tax (Appeals)-6, Delhi [in short ‘the Ld. CIT(A)’] for assessment y…

National Cooperative Development Corporation, New Delhi vs. DCIT, Circle- 17(2), New Delhi

In the result, appeal filed by assessee is allowed

ITA 4309/DEL/2017[2013-14]Status: DisposedITAT Delhi04 Dec 2019AY 2013-14

Bench: Shri H.S. Sidhu & Shri Anadee Nath Misshra

For Appellant: Shri K.V.S.R. Krishna, CAFor Respondent: Ms. Rakhi Vimal, Sr. DR
Section 143(3)Section 197ASection 40Section 40a

…ore, as held by the coordinate benches in a number of cases including SRL Ranbaxy Ltd v. Asstt. CIT [2011] 16 taxmann.com 343 (Delhi - Trib.), Foster's India (P.) Ltd. v. ITO [2009] 29 SOT 32 (Pune) (URO), and Ajmer Zila Dugdh Uipadak Sangh.Ltd. v. ITO 12009} 34 SOT 216, principal agent relationship is a sine qua non for invoking the provisions of Section 194H. In the case before us, there is no principal agent relationship between the bank issuing the bank guarantee and the assessee. When bank issues the bank guarantee, on behalf of the assessee, all it does is to accept the commitment of making payment of a spe…

M/S. Niit Gis Ltd., New Delhi vs. Addl. CIT, New Delhi

In the result, appeal of the assessee is allowed

ITA 2513/DEL/2017[2010-11]Status: DisposedITAT Delhi03 Oct 2019AY 2010-11

Bench: Shri Amit Shukla & Shri Anadee Nath Misshra

For Appellant: Shri Gaurav Jain, CA and Shri Deepesh Jain, CAFor Respondent: Ms. Rakhi Vimal, Sr. DR
Section 139Section 197ASection 40

…ore, as held by the coordinate benches in a number of cases including SRL Ranbaxy Ltd v. Asstt. CIT [2011] 16 taxmann.com 343 (Delhi - Trib.), Foster's India (P.) Ltd. v. ITO [2009] 29 SOT 32 (Pune) (URO), and Ajmer Zila Dugdh Utpadak Sangh Ltd. v. ITO [2009] 34 SOT 216, principal agent relationship is a sine qua non for invoking the provisions of Section 194H. In the case before us, there is no principal agent relationship between the bank issuing the bank guarantee and the assessee. When bank issues the bank guarantee, on behalf of the assessee, all it does is to accept the commitment of making payment of a spe…

M/S. Navnirman Highway Projects Pvt. Ltd., Delhi vs. DCIT, New Delhi

ITA 117/DEL/2017[2012-13]Status: DisposedITAT Delhi03 Sept 2019AY 2012-13

Bench: Shri Kuldip Singh & Shri Prashant Maharishi

For Appellant: Shri Shashwat Bajpai, AdvocateFor Respondent: Ms. Rinku Singh, Senior DR
Section 14ASection 194A(3)(iii)Section 194HSection 2

…ed in the said definition. Therefore, as held by the coordinate benches in a number of cases including SRL Ranbaxy Ltd vs ACIT (ITA No. 434/Del/11; order dated 16.12.2011), Fosters India Ltd Vs ITO (117 TTJ 346), and Ajmer Zila Dugdh Utpadak Sangh Ltd Vs ITO (34 SOT 216), principal agent relationship is a sine qua non for invoking the provisions of Section 194 H. In the case before us, there is no principal agent relationship between the bank issuing the bank guarantee and the assessee. When bank issues the bank guarantee, on behalf of the assessee, all it does is to accept the commitment of making payment of a s…

DCIT 6(2)(1), Mumbai vs. Clear Trip Travel Services P.Ltd, Mumbai

The appeal of the Revenue is partly allowed

ITA 85/MUM/2016[2011-12]Status: DisposedITAT Mumbai30 Nov 2017AY 2011-12

Bench: Shri Joginder Singh & Shri G. Manjunathaassessment Year: 2011-12 Dcit, M/S Clear Trip Travel Pvt. Circle-6(2)(1), Ltd. बनाम/ R. No.563, Aayakar Bhavan Unit No.1, Ground Floor, Vs. M.K. Road, Dtc Bldg, Sitaram Mills Mumbai-400020 Compound, N.M. Johi Marg, Lower Parel, Mumbai (राज"व /Revenue) ("नधा"रती /Assessee) P.A. No.Aaccc6016B

Section 133ASection 194HSection 201Section 201(1)Section 40

…, as held by the coordinate benches in a number of cases including SRL 11 M/s Clear Trip Travel Pvt. Ltd. Ranbaxy Ltd vs ACIT (ITA No. 434/Del/11; order dated 16.12.2011), Fosters India Ltd Vs ITO (117 TTJ 346), and Ajmer Zila Dugdh Utpadak Sangh Ltd Vs ITO (34 SOT 216), principal agent relationship is a sine qua non for invoking the provisions of Section 194 H. In the case before us, there is no principal agent relationship between the bank issuing the bank guarantee and the assessee. When bank issues the bank guarantee, on behalf of the assessee, all it does is to accept the commitment of making payment of a s…

Ima Pg India Ltd ( Formerly M.S, Precision Gears), Navi Mumbai vs. Addl CIT RG 5(2), Mumbai

Appeal is dismissed

ITA 6960/MUM/2010[2005-06]Status: DisposedITAT Mumbai26 Apr 2017AY 2005-06

Bench: Shri B.R. Baskaran & Shri Pawan Singhima Pg India Limited Addl.Cit Range-5(2), (Formerly Known As M/S Precision Aayakar Bhavan, M. K. Road, Gears Ltd), Plot No. R-677, Mumbai-400020. Midc Ttc Indl Area, Thane Vs. Belapur Road, Rabale, Navi Mumbai-400701 Pan: Aaacp6442Q (Appellant) (Respondent) Addl.Cit Range-5(2), M/S Precision Gears Limited, Aayakar Bhavan, M. K. Road, Plot G-1, Everest Apartment, Mumbai-400020. Vs. 156, Tardeo Road, Mumbai-400034 Pan: Aaacp6442Q (Appellant) (Respondent)

For Appellant: Shri Nishit Gandhi (AR)For Respondent: Shri Mahesh Kumar (CIT-
Section 145ASection 253Section 254(1)Section 92CSection 93C

…ed in the said definition. Therefore, as held by the coordinate benches in a number of cases including SRL Ranbaxy Ltd vs ACIT (ITA No. 434/Del/11; order dated 16.12.2011), Fosters India Ltd Vs ITO (117 TTJ 346), and Ajmer Zila Dugdh Utpadak Sangh Ltd Vs ITO (34 SOT 216), principal agent relationship is a sine qua non for invoking the provisions of Section 194 H. In the case before us, there is no principal agent relationship between the bank issuing the bank guarantee and the assessee. When bank issues the bank guarantee, on behalf of the assessee, all it does is to accept the commitment of making payment of a s…

ITO (TDS) 2(3), Mumbai vs. Maharashtra Tourism Developement Corporation Ltd, Mumbai

The appeal of the Revenue is dismissed

ITA 5232/MUM/2014[2011-12]Status: DisposedITAT Mumbai05 Oct 2016AY 2011-12

Bench: Shri Joginder Singh & Shri D. Karunakar Raoassessment Year: 2011-12 Income Tax Officer(Tds)- M/S Maharashtra Tourism 2(3), Development Corporation Ltd. बनाम/ R. No.708, 7Th Floor, Express Tower, 9Th Floor, Vs. Smt. K.G. Mittal Ayurvedic Madam Cama Road, Hospital Building, Nariman Point, Charni Road, Mumbai-400021 Mumbai-400002 (राज"व /Revenue) ("नधा"रती /Assessee) Pan. No.Aaacm0712G

Section 133ASection 194Section 194HSection 201(1)

…ed in the said definition. Therefore, as held by the coordinate benches in a number of cases including SRL Ranbaxy Ltd vs ACIT (ITA No. 434/Del/11; order dated 16.12.2011), Fosters India Ltd Vs ITO (117 TTJ 346), and Ajmer Zila Dugdh Utpadak Sangh Ltd Vs ITO (34 SOT 216), principal agent relationship is a sine qua non for invoking the provisions of Section 194 H. In the case before us, there is no principal agent relationship between the bank issuing the bank guarantee and the assessee. When bank issues the bank guarantee, on behalf of the assessee, all it does is to accept the commitment of making payment of a s…

DCIT TDS 1(1), Mumbai vs. Cleartrip Travel Services P.Ltd, Mumbai

The appeal of the Revenue is dismissed

ITA 5049/MUM/2014[2010-11]Status: DisposedITAT Mumbai16 May 2016AY 2010-11

Bench: Shri Joginder Singh & Shri Rajendraassessment Year-2010-11 Dcit(Osd)(Tds), Range-1, M/S Cleartrip Travel Room No.803, Services Pvt. Ltd. बनाम/ K.G. Mittal Hospital Bldg. Unit No.1, Ground Floor, Vs. Charni Road (W), Dtc Building, Sitaram Mumbai-400002 Mills Compound, Lower Parel, Mumbai-400011 Pan No.Aaccc6016B (राज"व /Revenue) ("नधा"रती /Assessee)

Section 133ASection 194HSection 201Section 201(1)

…ed in the said definition. Therefore, as held by the coordinate benches in a number of cases including SRL Ranbaxy Ltd vs ACIT (ITA No. 434/Del/11; order dated 16.12.2011), Fosters India Ltd Vs ITO (117 TTJ 346), and Ajmer Zila Dugdh Utpadak Sangh Ltd Vs ITO (34 SOT 216), principal agent relationship is a sine qua non for invoking the provisions of Section 194 H. In the case before us, there is no principal agent relationship between the bank issuing the bank guarantee and the assessee. When bank issues the bank guarantee, on behalf of the assessee, all it does is to accept the commitment of making payment of a s…

ITO (TDS) (OSD) RG 2, Mumbai vs. Nimbus Communications Ltd, Mumbai

The appeals of the Revenue are dismissed

ITA 3156/MUM/2014[2010-11]Status: DisposedITAT Mumbai06 Nov 2015AY 2010-11

Bench: Shri Joginder Singh & Shri Rajesh Kumar

Section 194DSection 194HSection 2Section 201Section 44A

…ed in the said definition. Therefore, as held by the coordinate benches in a number of cases including SRL Ranbaxy Ltd vs ACIT (ITA No. 434/Del/11; order dated 16.12.2011), Fosters India Ltd Vs ITO (117 TTJ 346), and Ajmer Zila Dugdh Utpadak Sangh Ltd Vs ITO (34 SOT 216), principal agent relationship is a sine qua non for invoking the provisions of Section 194 H. In the case before us, there is no principal agent relationship between the bank issuing the bank guarantee and the assessee. When bank issues the bank guarantee, on behalf of the assessee, all it does is to accept the commitment of making payment of a s…

Trib.), Foster's India (P.) Ltd. v. ITO (34 SOT 216) — Cited in 11 Judgments | BharatTax