Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2010 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (3) TMI 762 - AT - Income TaxDisallowance - TDS - Truck operators owning up to two trucks - whether the amendment to sub-section (3) of section 194C made through Finance Act, 2005, whereby second and third provisos were added to it, has retrospective effect, though it is specifically stated to be coming into effect on 1-6-2005 - Just for a reason that the proviso was enacted to obviate any procedural hardships faced by small truck owners, we cannot say that it was also meant to obviate any hardships to a person who is the payer and not the payee - Assessee was bound to deduct tax under section 194C and could not take refuge under second and third provisos inserted by Finance Act, 2005 with effect from 1-6-2005 for justifying its failure to deduct tax at source, prior to 1-6-2005 - There being a clear failure on the part of the assessee to make deduction of tax at source in accordance with section 194C of the Act, Ld. Assessing Officer was justified in invoking sub-clause (ia) of clause (a) to section 40 of the Act for making the disallowance - Decided against the assessee
|