TMI Blog2012 (1) TMI 167X X X X Extracts X X X X X X X X Extracts X X X X ..... the provisions of section 194C were not applicable. It is not disputed that the assessee had not assigned any of its contractual obligations to the transporters. It was a mere case of hiring the trucks from the market as per the requirements and not as per any contract. Appeal filed by the Department is dismissed. - I.T.A No. 1131/Kol/2011 - - - Dated:- 3-1-2012 - Sri S.V. Mehrotra Shri N. Vi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rpose on hiring of lorry/trucks, the assessee had debited ₹ 72,19,759/- in its Profit Loss A/c. He noticed from the details filed by the assessee that the total payment aggregating to ₹ 39,76,640/- had been made without effecting provision of section 194C because in each single case payment exceeded ₹ 50,000/- and assessee s gross receipt exceeded the monetary limit specified u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the assessee had hired trucks from open market as per its requirements, and, payments were made accordingly. But there was neither oral nor written contract between the assessee and truck owners. The payments to the truck owners were made through banking channel. Further the assessee did not assign any particular portion of work to the truck owners. No sub-contract agreement either written ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y of its contractual obligations to the transporters. It was a mere case of hiring the trucks from the market as per the requirements and not as per any contract. We, therefore, in view of various decisions relied upon by ld. CIT(Appeals) noted above, do not find any infirmity in the order of ld. CIT(Appeals) and uphold his order and reject the ground of appeal taken by the Revenue. 4. In th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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