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Tds on discount

This query is : Resolved 
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(Querist)
02 January 2012 DEAR all

whether TDS is deductible on dicount given by airlines to Coustoms house agents along with commisiion. IF yes kindly forward the case law relating to this
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Bhaskaran Chackrapani Warrier

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Bhaskaran Chackrapani Warrier (Expert)
02 January 2012 No need of TDS as per Bombay High Court decision in the case of CIT V Qutar Airways (I.T Appeal No.99 of 2009).
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PRASAD KUMAR .M.G

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PRASAD KUMAR .M.G (Querist)
02 January 2012 but in case of Vodafone Essar Ltd case revenue held that discount is nothing but commision hence TDS has to be deducted.So which is more correct
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Bhaskaran Chackrapani Warrier

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Bhaskaran Chackrapani Warrier (Expert)
03 January 2012 Issue is contentious. I have given only a decision favourable to the assessee.
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