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2011 (8) TMI 232 - AT - Income TaxAddition - Provision u/s 40(ia) - The assessee acted as intermediary between the client and Delhi Assam Roadways Corporation Ltd - The company carried the goods and the advance received from the customer was handed over to the driver of the company. In the final bill, the advance and the commission of the assessee were deducted from the bill amount of Rs.70,000/- and the assessee had to receive commission of Rs.2,100/- from the company. According to us, it cannot be said that assessee really entered into the contract of transportation of goods He merely acted as an intermediary - it is held that the assessee was not liable to deduct tax at source - In view thereof, no addition could have been made u/s 40(ia) -Decided in favour of assessee. Cash payment in excess of Rs. 20000/- Disallowance of Rs.2,82,913/- u/s 40A(3) of the Act.- Such payments should find place in the tax audit report, which is incomplete in this respect as column 17(b)(B) has not been filled up. Column 17(b)(A) only mentions that a certificate has been obtained - The ld. counsel has not been able to show in any manner that there is any mistake in quantification made by the AO - Decided against the assessee.
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