S.194H TDS not deductible on charges for of utilization of credit card facilities

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IN THE ITAT BANGALORE BENCH ‘A’

Tata Teleservices Ltd.

v.

Deputy Commissioner of Income-tax (TDS)

IT APPEAL NOS. 308 TO 310 & 393 TO 396 (BANG.)

OF 2011, 1014 TO 1021 & 1285 TO 1290 (BANG.) OF 2012

[ASSESSMENT YEARS 2005-06 TO 2008-09]

NOVEMBER 27, 2012

 

Commission paid to the credit card companies cannot be considered as falling within the purview of S.194H. Even though the definition of the term “commission or brokerage” used in the said section is an inclusive definition, it is clear that the liability to make TDS under the said section arises only when a person acts behalf of another person. In the case of commission retained by the credit card companies however, it cannot be said that the bank acts on behalf of the merchant establishment or that even the merchant establishment conducts the transaction for the bank. The sale made on the basis of a credit card is clearly a transaction of the merchants establishment only and the credit card company only facilitates the electronic payment, for a certain charge. The commission retained by the credit card company is therefore in the nature of normal bank charges and not in the nature of commission/brokerage for acting on behalf of the merchant establishment.

Payments to banks on account of utilization of credit card facilities would be in the nature of bank charge and not in the nature of commission within the meaning of sec. 194H.