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2017 (11) TMI 1873 - AT - Income TaxTDS u/s 194C - Disallowance u/s 40(a)(ia) - assessee JV had assigned the work allotted to its member companies - as per AO arrangement between the assessee and the entities was nothing but a contract - HELD THAT:- As decided in assessee's own case [2017 (8) TMI 1595 - ITAT PUNE] in absence of any contract or sub-contract work by joint venture to its member companies, provisions of section 194C were not applicable for the purpose of TDS - The two corporate entities forming joint venture were already being assessed since A.Y. 2000-01 onwards on their respective shares and TDS apportionment certificates were also issued by the AO every year for these eight years including the current assessment year to enable them to claim the same - there was no Profit and Loss Account in the assessee’s case and there was no claim of any expenditure - there was no question of any disallowance under the provisions of section 40(a)(ia) - disallowance u/s. 40(a)(ia) made by the AO cannot be sustained - the finding of the CIT(A) cannot be interfered who has rightly held that there is no question of disallowance made u/s. 40(a)(ia) of the Act – Decided against revenue.
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