ITAT: Telecom Distributor is exempt from TDS on Commission given directly to Retailers by Service Provider


Quick Summary
The Income Tax Appellate Tribunal (ITAT) has ruled that a telecom distributor is not liable for Tax Deducted at Source (TDS) on commission paid directly by the service provider to retailers. In this case, the distributor merely acted as a conduit for payments from the service provider (Uninor) to retailers, with no direct commission received or paid by the distributor.

Court :
ITAT Mumbai

Brief :
In Laxmi D. Gupta v. ITO, Mumbai [I.T.A. No. 6619/Mum/2019 Assessment Year: 2013-14 dated October 08, 2021], Laxmi Gupta ("the Appellant") filed an appeal impugning Order passed by Commissioner of Income Tax (Appeals) ("CIT(A)") dated July 29, 2019 in the matter of assessment framed by Assessing Officer ("AO") under Section 143(3) of the Income Tax Act, 1961 ("the IT Act") on February 22, 2018.

Citation :
I.T.A. No. 6619/Mum/2019 Assessment Year: 2013-14 dated October 08, 2021

In Laxmi D. Gupta v. ITO, Mumbai [I.T.A. No. 6619/Mum/2019 Assessment Year: 2013-14 dated October 08, 2021], Laxmi Gupta ("the Appellant") filed an appeal impugning Order passed by Commissioner of Income Tax (Appeals) ("CIT(A)") dated July 29, 2019 in the matter of assessment framed by Assessing Officer ("AO") under Section 143(3) of the Income Tax Act, 1961 ("the IT Act") on February 22, 2018.

In the case, the Appellant is engaged in distribution of SIM cards and mobile recharge coupons of Uninor. During proceedings, upon perusal of financial statements, the AO disallowed the expenses claimed by the Appellant by holding that the Appellant debited commission of Rs. 40.98 Lacs.

The Appellant explained that they were purchasing the SIM cards and recharge vouchers from Uninor and selling them to around 250 retailers. Uninor was providing incentive to retailers to achieve sale target. However, Uninor would credit the account of the Appellant with incentive and deduct Tax Deduction at Source ("TDS") under Section 194H of the IT Act.

Upon actual payment to the retailers, the account of the Appellant would be debited. Therefore, the amount of incentive was merely routed through the ledger of the Appellant. However, no incentive or commission was received from the Appellant to be paid to the retailers. According to the Appellant, the same was merely book entries for incentive paid by Uninor directly to the retailers.

After taking perusal of all the facts and evidences, the Income Tax Appellate Authority ("ITAT"), Mumbai held that the telecom service provider i.e., Uninor remunerates the Appellant and scores of retailers by way of commission and incentives. The Tribunal therefore, granted relief to the Appellant observed that telecom distributor cannot be liable for TDS on the amount of commission directly paid to the retailers by the telecom service provider.

FAQ :

The appellant was Laxmi Gupta, a telecom distributor engaged in selling SIM cards and mobile recharge coupons.

The issue was whether the telecom distributor was liable for TDS on commission paid directly by the service provider (Uninor) to retailers.

Uninor credited the distributor's account with incentives for retailers and deducted TDS. The distributor's account was then debited upon actual payment to retailers, meaning the incentive was routed through the distributor.

The ITAT ruled that the telecom distributor is exempt from TDS liability on commission amounts paid directly to retailers by the telecom service provider.

No, the distributor did not receive any commission from the service provider to pay to the retailers; it was merely a routing of funds through their ledger.

 



Judgement posted by

Service

FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

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