Date: Tue, May 29, 2012 at 3:18 PM
Subject: Message from EGroup of SolapurCAs S. 194A TDS: Discounting Charges Is Not "Interest": Supreme Court
To: editor@itatonline.org
The following important judgement is available for download at itatonline.org.
CIT vs. Cargil Global Trading Pvt. Ltd (Supreme Court)
S. 194A TDS: Discounting Charges Is Not "Interest"
The assessee paid Rs. 3.97 Crores to an associate concern in Singapore on account of discounted charges for getting the export sale bills discounted. The AO held that that the discounting charges was "interest" u/s 2(28A) and that as there was no TDS, the expenditure had to be disallowed u/s 40(a)(i). This was reversed by the CIT (A) and Tribunal. The High Court (335 ITR 94 (Del) included in file) relied on Circular No.65 dated 2.09.1971, Circular No.674 dated 22.03.1993 & Vijay Ship Breaking 219 CTR 639 (SC) held that as the discounting charges were not in respect of any debt incurred or money borrowed and were merely discount of the sale consideration on sale of goods, it was not "interest" u/s 2(28A) and there was no obligation to deduct TDS thereon. On appeal by the department to the Supreme Court, HELD
Regards,
Editor,
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