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| The Tax Publishers2020 TaxPub(DT) 0706 (SC) INCOME TAX ACT, 1961
Section 261 Section 194H
Where the deparment preferred appeal against the judgments of Karnataka High Court in Bharti Airtel Ltd. & Ors. v. Dy. CIT [ITA Nos. 158 to 163 & 637-644 of 2013 and 256-263 of 2012, dt. 14-8-2014] : (2015) 372 ITR 33 (Karn) : 2014 TaxPub(DT) 4369 (Karn-HC), whereby the High Court held that if the property in the goods is transferred and gets vested in the distributor at the time of the delivery then he is thereafter liable for the same and would be dealing with them in his own right as a principal, and not as an agent, that in the absence of primary liability on the distributor at such point of time, there is no liability on the assessee to deduct tax at source the Supreme Court dismissed the appeals and pending applications as withdrawn, leaving the question(s) of law open.
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Appeal (Supreme Court) - TDS - Under section 194H - Sale of Sim and prepaid recharge coupon to distributor at discount by telecompany
Department preferred appeal against the judgments of Karnataka High Court in Bharti Airtel Ltd. & Ors. v. Dy. CIT [ITA Nos. 158 to 163 & 637-644 of 2013 and 256-263 of 2012, dt. 14-8-2014] : (2015) 372 ITR 33 (Karn) : 2014 TaxPub(DT) 4369 (Karn-HC), whereby the High Court held that if the property in the goods is transferred and gets vested in the distributor at the time of the delivery then he is thereafter liable for the same and would be dealing with them in his own right as a principal and not as an agent, that in the absence of primary liability on the distributor at such point of time, there is no liability on the assessee to deduct tax at source. Held: The counsel for the appellant(s), on instructions issued by the Department of Revenue, Ministry of Finance vide F. No. 390/Misc./116/2017-JC, dated 22-8-2019, sought permission to withdraw these appeal(s) along with pending application(s) therein due to low tax effect. Permission was granted, subject to just exceptions. The appeal(s) and pending application(s) were dismissed as withdrawn, leaving question(s) of law open.
REFERRED :
FAVOUR : In assessee's favour.
A.Y. :
IN THE SUPREME COURT OF INDIA
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