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november 2022

Supreme Court of India · 2022-11-14

SINGAPORE AIRLINES LTD. vs C.I.T.,DELHI

Citation / case number
SC 2009/22328
Court
Supreme Court of India
Petitioner
SINGAPORE AIRLINES LTD.
Respondent
C.I.T.,DELHI
Author
HON'BLE MR. JUSTICE SURYA KANT
Bench
HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE SURYA KANT

Judgment text excerpt

The Supreme Court addressed the interpretation of Section 194H of the Income Tax Act, 1961, concerning the deduction of tax at source on payments classified as 'Commission' or 'Brokerage'. The court clarified that the provision mandates a 10% TDS on such payments, emphasizing the regulatory framework within the airline industry and the role of IATA in fare setting. The appeals by Singapore Airlines, KLM, and British Airways were adjudicated in light of these interpretations, affirming the applicability of TDS under the specified section.

SINGAPORE AIRLINES LTD. vs C.I.T.,DELHI · Niyam