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2012 (11) TMI 456 - AT - Income TaxNon deduction of TDS - payment made to Mathadi Board - disallowance u/s 40(a)(ia) - Held that:- there is no contractual relationship as a principal and contractor between these assessees and Mathadi Board, but, in fact, in pursuance of the provisions of the Act as well as the scheme, both these assessees are bound to engage the labourers or the workers through the Mathadi Board therefore, the disallowance made by the A.O. invoking the provisions of section 40(a)(ia) was not justified - in favour of assessee. Disallowance for non-deduction of tax u/s 194A - Held that:- There is no dispute about the fact that the assessee has obtained the Form No. 15G has provided under section 197A(1)(ia) but the assessee did not furnish the said Form to the CIT, Kolhapur. Thus it is only the procedural lapse. Once the assessee has obtained the Form No. 15G from the payee assessee, has no legal obligation to deduct the tax on the payment made to payee - in favour of assessee.
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