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2012 (11) TMI 229 - AT - Income TaxNon deduction of TDS - disallowance of freight charges - Held that:- The provisos of sub-section 3 under clause (i) of 194C is to be fulfilled by the assessee i.e. he has to obtain 15-I form from the sub-contractor while making the payments to them, form no.15-J is to file before the concern Commissioner on or before 30th June of following financial year and payment above Rs.50,000/- is made to the single sub-contractor in full year to deduct the TDS. But it was held when the appellant has obtained 15-I form then second proviso would be applicable. Therefore, it is not required to deduct tax. It was held that when form no.15-I had been obtained from the sub-contractor whose contents were not disputed or whose genuineness was not doubted then the assessee is not liable to deduct tax from the payment made to sub-contractor. Once, the assessee is not liable to deduct tax u/s.194C then the addition u/s. 40(a)(ia) cannot be made - in favour of assessee.
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