Real judgements, distilled

Legal Case Shots

Court judgements broken down into the case type, how the decision played out, and the lesson worth remembering, with the full judgement available as a PDF.

Tax & Customs LawSupreme Court of India

The Director, Prasar Bharati v. Commissioner of Income Tax, Thiruvananthapuram

Civil Appeal · 2018 INSC 298Decided 3 Apr 2018
Civil Appeal Nos. 3496-3497 of 2018
Justice R.K. Agrawal · Justice Abhay Manohar Sapre

Background

Prasar Bharati's Doordarshan Kendra in Trivandrum entered into agreements with advertising agencies under which it paid them a 15% commission for canvassing television advertisements, with the agencies required to remit back any applicable TDS amount. The Income Tax Department held that this 15% payment was "commission" under Section 194H of the Income Tax Act, requiring Doordarshan to deduct tax at source, and the Assessing Officer and Commissioner (Appeals) upheld this view, though the Income Tax Appellate Tribunal initially sided with Doordarshan. The Kerala High Court reversed the Tribunal and ruled in favour of the tax department, prompting Prasar Bharati's appeal to the Supreme Court.

Decision Breakdown

The Supreme Court examined the actual agreement between Doordarshan and its advertising agencies and found it unmistakably established a principal-agent relationship, with the agency acting on Doordarshan's behalf and the 15% retained amount constituting "commission" within the meaning of Section 194H's Explanation, regardless of whether it was labelled a discount. The Court distinguished a contrary Allahabad High Court ruling (relied on by the appellant) on the basis that the facts there lacked any comparable written agency agreement. Agreeing with the Kerala High Court's reasoning, the Supreme Court held Doordarshan was liable to deduct tax at source on these payments and found no merit in the appeals, dismissing them.

Lesson Learnt

Whether a payment attracts TDS as "commission" depends on the real substance of the contractual relationship: if an agreement establishes a genuine principal-agent arrangement, the tax obligation under Section 194H applies even if the payment is informally called something else, like a "discount."

The Director, Prasar Bharati v. Commissioner of Income Tax, Thiruvananthapuram – Legal Case Shots | LegalAware