Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2012 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2012 (12) TMI 444 - AT - Income TaxWhether TDS is deductible on purchase of trading goods both local and import – Held that:- AO get confused on purchase and job work contract, and held tax was deductible u/s 194C. Since the transaction is purely of purchases, no surcharge and education cess is leviable on such TDS and further no interest can be levied u/s 201(1)(1A). The AO is directed accordingly. Issue decides in favour of assessee Addition on account of TDS not deducted u/s 194J – AO’s view that TDS should be deducted for payments made outside India for services rendered outside India – Held that:- As the provisions of Sec. 194J does not apply on payments made to a non-resident. It’s also hold that even the provisions u/s 195(1) shall not be applicable in the impugned circumstances as the amount paid was not taxable in India. The said amount paid is in the exclusion part, of section 9(1)(vii)(b). Issue decided in favour of assessee Addition on account of u/s 40(a)(i) non-deduction of tax at source – Assessee had made payment of freight to transporter without deducting TDS – AO disallow the freight expense for non-deduction of TDS – Held that:- As concluded from the facts there was no contract as such, with the transporter and the assessee. In absence of any contract, TDS provisions u/s 194C cannot be attracted, hence, the disallowance is deleted. Issue decides in favour of assessee
|