Treatement of sales incentives for income tax purpose

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Hi everyone,

Company is selling goods to authorised dealer at a discount. This discount amount is actually to be distributed among distributors on achieving a target on sales. But this amount is not to be paid in cash instead it is to be paid in kind i.e. dealer has to purchase some articles for ex. two wheelers etc  out of this discount received amount and then distribute it to salesmen who achieves the target as prizes for achieving the target. My question is what is the treatment of this kind of expenditure in authorised dealer books of accounts as per income tax act? Is this to be treated as sales incentives? Is TDS applicable on this kind of payment? If TDS applicable, under what head it wld cum? If i need to deduct TDS then do i need to ask the salesmen to pay the cash for TDS amount and get their prizes released from the authorised dealer? Articles to be purchased should be purchased in authorised dealer name or it can be purchased in the name of salesmen to whom that article needs to be given as prize?

 

Kindly provide me the clarifications on this.

 

 

Regards,

Satya

Replies (3)

Super Duper query Mr. Satya....

1) Discount to Authorised dealer is regarded as commission on sales and therefore TDS is to be deducted u/s. 194H @ 10%.

2) Minutely examining the wordings of provisions of sec 194H, it sates that "payment of such income in cash or by issue of cheque or draft or by anyother mode....." . Now whether anyother mode would mean income in kind or not is a matter of interpretation. In my opinion and respecting the intention of legislature TDS on such prize distributed is to be deducted and later on collected from such person receiving prize.

3) Now as u said that prizes are 1st received by authorised dealer and then it is distributed to salesmen, in this case u have study the contract between company and dealer. If such prizes are to be received by dealer only and no mention is given on its further distribution then deductee in this case will be authorised dealer and dealer has to pay cash to the company equivalent to tds to be deducted by the company.

4) On further distribution of prizes to salesmen TDS is to be deducted by dealer and later on it shall be collected from the salemen.

5) Revenue equal to the fair price of the prizes received to be accounted in the books of dealer and corresponding entry of such amount be made as commission to salesmen...

 

 

I hope all the queries have been answered...

Regards

Hi Pritam, Thank you for clarifyin queries and also for ur words 'super duper query'..thanks a lot


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