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2012 (4) TMI 194 - ITAT COCHINHiring of vehicles to be used for loading & unloading and transportation of products assessee contended it to be composite contract and applicability of Section 194C to it alternative contention of the assessee that section 40(a)(ia) is applicable only in case of non deduction of tax and not for short deduction of tax - Held that:- Agreement clearly shows that the assessee is taking vehicles on hire for use of the same for particular hours in his business activity. The agreement does not require the contractee to do any work at all. Merely because the words "loading & unloading" are used in the contract, no one can presume that the contractee has to do any work on behalf of the assessee. The assessee has to make use of the equipment/vehicle made available on payment of hire for his use. Therefore, it is hire of equipment/vehicle simplicitor and Section 194I would be applicable Decided against the assessee. Applicability of Section 40(a)(ia) on short deduction of tax Held that:- Since this issue was not considered by the lower authorities. Hence, matter is remitted back to the file of the A.O. for the limited pupose of determining whether short deduction of tax would attract the provisions of section 40(a)(ia)
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