Law:

Section:

Section 194H of the Income-tax Act, 1961 - Deduction of tax at source - Commission or brokerage, etc. - Petitioner and some other travel agencies filed a writ petition seeking a declaration that tax would be deducted at source under section 194H only in respect of commission actually paid or payable by respondent-airlines to them on face value of tickets and no tax could be levied in respect of discount or rebate allowed on price of tickets by respondents - High Court, while admitting said petition, granted interim injunction - Deputy Commissioner (Income-tax) as well as Commissioner (Appeals) had passed order that rebate/discounts offered by respondent No. 13 airlines to customers would be part and parcel of commission paid by it to dealers and same was covered by provisions of section 194H - Respondent No. 13 airlines raised plea that in light of interim injunction granted by High Court, it was restrained from deduction of tax at source on rebate/discounts in accordance with order passed by income-tax authorities - Whether in view of fact that in event of failure of writ petition filed by petitioner-travel agencies, respondent No. 13-airlines would be burdened to make further collection from travel agents to deposit tax as also interest, penalties, etc., balance of convenience was, therefore, in favour of respondent No. 13-airlines for not continuing interim injunction - Held, yes - Whether, consequently, aforesaid interim injunction, was to be vacated - Held, yes FACTS The petitioner and some other travel agencies filed a writ petition seeking a declaration that tax would be deducted at source under section 194H only in respect of commission actually paid or payable by respondent-airline-companies to them on face value of tickets and no tax could be deducted in respect of discount or rebate on the price of the tickets allowed by the respondent-airlines to the customers against the listed price of the tickets. The High Court granted an interim injunction and ordered notice to the respondents. Respondent No. 13 i.e.,airlines 'B' filed the instant petition for vacation of the interim injunction granted by the High Court on the ground that the Deputy…

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