TMI Blog2014 (8) TMI 462X X X X Extracts X X X X X X X X Extracts X X X X ..... oted that the buses belong to the contractor and were provided on hire to UPSRTC - The payment was to be made on kilometer basis - The contractor was responsible for bearing running cost, maintenance and incidental expenses including the salary of the driver - The contract contained a specific stipulation in respect of the total distance which could be traversed on any given operating day - The contract also provided that the vehicle would run on the route specified by the UPSRTC – Decided against Revenue. - Income Tax Appeal No. - 556 of 2011, Income Tax Appeal No. - 557 of 2011 - - - Dated:- 11-8-2014 - Hon'ble Dr. Dhananjaya Yeshwant Chandrachud,CJ Hon'ble Dilip Gupta,JJ. For the Appellant : Dhananjay Awasthi For t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... main appeal, i.e. Income Tax Appeal No. 314 of 2011 (Commissioner of Income Tax Vs. M/s Apeejay School, Apeejay School Campus), all the learned counsel have been heard on the common questions of law. In the present case, the Tribunal confirmed the decision of the Commissioner of Income Tax (Appeals) that the assessee had correctly deducted tax at source under Section 194-C and that the provisions of Section 194-I had no application. In the present case, the assessee had obtained buses on hire against payment which was made on a kilometer running basis. The owner was responsible for running cost, maintenance, and other incidental expenses including the provision of a driver. The Tribunal, on these facts, has held that Section 194C rea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f services with necessary equipment for issuing tickets to the passengers as well as luggage. (vi) The owner shall submit his claim twice in a month, once for the period from 1st to 15th and the other for the remaining part of the month, accompanied by a certificate issued by the Traffic Supervisor of the Depot with regard to the distance operated during the respective period. (vii) The corporation shall pay the owner at the rate of ₹ 9/- as fixed cost per day in addition to ₹ 9/- per k.m. operated as variable cost, etc. On the basis of these terms and conditions the Board have been advised that although the contract may appear to be a simple hire contract, it is actually a service contract (for carrying out any work) e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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