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2012 (10) TMI 287 - AT - Income TaxNon deduction of TDS - purchase of printed material - contract for work and labour or contract for sale - default u/s 201(1)- Held that:- As decided in Associated Cement Co. Limited Versus Commissioner of Income-Tax And Another [1993 (3) TMI 1 - SUPREME COURT] provisions of section 194C are not applicable in the case of sale of goods The sample invoices and in many cases M/s Fair Deal Printing Press has charged even VAT/CST. The Revenue has at no point alleged or proved that the assessee had supplied paper or ink to the printer. Therefore, it is simple case of contract for sale/purchase as the assessee has purchased printed material though made according to the specification of the assessee. Therefore, in our humble opinion the provisions of section 194C are not attracted in this case and the assessee is not liable to deduction of tax u/s 194C. Accordingly we set aside the order of the ld. CIT(A) and hold that the assessee is not in default u/s 201(1) and further not liable to pay interest u/s 201(IA) - in favour of assessee.
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