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2012 (3) TMI 291 - HC - Income TaxDisallowance - TDS u/s 194C - why the assessee had not deducted TDS from Rs.50 lakhs for work, which was sub-contracted and paid to Rishikesh Properties Pvt. Ltd - that the total contract value assigned made by the M/s. PGF Limited to the respondent assessee amounted to Rs.4,85,00,000/- while a separate contract was made with M/s. Rishikesh Properties by M/s. PGF Limited only amounting to Rs.4,25,00,000/- which was also running almost at the same time and with the same management as directors who are working on behalf of both the companies are common - It is apparent that there is an inherent contradiction between the findings recorded by the Tribunal and the findings recorded by the Assessing Officer with reference to the letter of the assessee dated 5.12.2008, which had not been adverted to by the Tribunal. Letter dated 5.12.2008, which was quoted in the assessment order has not been considered - If there is violation of Section 194C, then Section 40 (a)(ia) may be attracted and the expenditure incurred on which tax has not been deducted is to be disallowed as per the terms of the said section - Decided in favor of the revenue by way of remand to Tribunal
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