Income Tax

Commission paid to employees partakes character of salary for TDS purpose

Commission paid to employees partakes character of salary and TDS is applicable only u/s 192 not under Section 194H – ITAT deleted addition u/s 40(a)(ia)

ABCAUS Case Law Citation:
ABCAUS 2812 (2019) (03) ITAT

In the appeal covered under the instant case,the assessee had challenged order of the CIT(A) in upholding the disallowance u/s 40(a)(ia) of the Income Tax Act, 1961 (the Act) made by the Assessing Officer (AO).

The appellant was a partnership firm. The assessment of its return of income for the relevant financial year was completed u/s 143(3) of Income Tax Act, 1961 (the Act).

Subsequently, the AO received information from audit party that a sum was debited to P&L A/c towards commission on which the assessee had not deducted TDS as required u/s 194H of the Act.

Therefore, a notice u/s 148 was issued to the appellant and against the said return of income assessment was completed after making disallowance u/s 40(a)(ia) of the Act.

Being aggrieved, an appeal filed by the appellant before the CIT(A) contending that the provisions of Sec.40(a)(ia) could not be invoked in the present case as the commission was paid to the employees and the amount of salary inclusive of commission was paid to each employee does not exceed the minimum, which is not chargeable to tax.

However, the CIT(A) has dismissed the appeal by rejecting the contention of the appellant.

The Tribunal observed that the term ‘salary’ had been defined u/s 17 to include any commission/bonus paid to employees.

The Tribunal opined that the commission paid to employees partakes the character of the salary and therefore, the applicable provision of TDS is only Section 192 not Section 194H and thereforethere was merit in the submissions of the appellant.

Accordingly, the appeal filed by the assessee was allowed.

Download Full Judgment Click Here >>

Share

Recent Posts

  • ICSI

Empanelment of General Observers for ICSI Examinations December 2026. Last date 16.11.2026

Empanelment of General Observers for ICSI Examinations December 2026 ICSI has invited interested members to enroll as General Observers for…

12 hours ago
  • Income Tax

ITAT address some important issues relating to deduction u/s 80IA

ITAT answers some important and inter-related issues relating to deduction u/s 80IA In a recent judgment, ITAT has dealt with…

15 hours ago
  • Income Tax

Mere carry forward of loss can not be denied for belated return – ITAT

Carry forward of loss can not be denied for belated return, it is only the set off in subsequent year…

1 week ago
  • Income Tax

Sales duly recorded in books & VAT returns, can’t be held bogus without cogent adverse material

Where sales are duly recorded in books and VAT returns, to treat it bogus sales, AO must bringing cogent adverse…

2 weeks ago
  • Income Tax

ITAT allows Diwali expenses incurred by assessee as business expenses

Expenses to celebrate Diwali with staff creates a goodwill and, therefore amounts to expenses incurred for the purpose of business…

2 weeks ago
  • Income Tax

Section 292BB does not bar assessee to raise objection for non issuance of notice u/s 143(2) – SC

Section 292BB of the Income Tax Act, 1961 does not preclude Assessee raising objection for non issuance of notice u/s…

2 weeks ago