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2012 (8) TMI 334 - AT - Income TaxDis-allowance u/s 40(a)(ia) - non-deduction of tax at source u/s 194C on the trucks provided - assessee engaged in the business of transport arranging vehicles for transportation of goods and earning commission thereof - Held that:- It is observed that assessee has filed P/L A/c showing lorry freight receipts at Rs 79.71 lacs and lorry cartage paid at Rs 74.22 lacs showing net revenue of Rs 5.49 lacs. However, it claimed TDS on a larger amount and total freights as per the register aggregates to Rs.1.72 crores. Books of accounts stand rejected by AO. There is no reconciliation with reference to the total receipts as per the freight register and what was shown in the P/L A/c. There is also no finding either by AO or by the CIT (A) about the exact nature of assessee’s business. Further whether mere arrangement of trucks resulted in any contract is to be examined as AO has not invoked the provisions of section 194C nor disallowed amounts u/s 40(a)(ia). Since these aspects are not examined by AO in its correct perspective, we set aside the assessment to the file of AO to examine the above issues and complete the assessment accordingly
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