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february 2024

Supreme Court of India · 2024-02-28

Bharti Cellular Ltd.Now Bharti Airtel ... vs Assistant C.I.T Circle 57

Citation / case number
2024 INSC 148
Court
Supreme Court of India
Petitioner
Bharti Cellular Ltd.Now Bharti Airtel ...
Respondent
Assistant C.I.T Circle 57
Author
Dipankar Datta
Bench
Dipankar Datta

Judgment text excerpt

The Supreme Court addressed the applicability of Section 194-H of the Income Tax Act, 1961, concerning the obligation to deduct tax at source on payments made by cellular mobile service providers to franchisees/distributors. The Court held that the assessees were liable to deduct tax at source under Section 194-H, affirming the decisions of the High Courts of Delhi and Calcutta, while distinguishing the rulings from Rajasthan, Karnataka, and Bombay. The judgment clarified the definition of 'person responsible for paying' under Section 204 of the Act, emphasizing the tax deduction obligation on commission payments.

Bharti Cellular Ltd.Now Bharti Airtel ... vs Assistant C.I.T Circle 57 · Niyam