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2015 (8) TMI 1513 - AT - Income TaxShort deduction of tds - TDS u/s 194C or 194I - payments made for hiring of JCB, Porkland, breaking and bucket machines etc. - CIT-A deleted the addition by holding hiring of the machines as works contract AND held that the assessee has rightly deducted tax at source u/s. 194C on the payments made - HELD THAT:- We find that the facts in the present case are similar to the issue decided by the Co-ordinate Bench in the case of Bharat Forge Ltd. Vs. Addl. CIT [2013 (11) TMI 1263 - ITAT PUNE] We are of the considered view that the assessee has rightly deducted tax at source on the payments made for hiring of JCB, Porkland etc. u/s. 194C. The payments made for hiring machines are in nature of works contract and not ‘rent’ as defined in Explanation to section 194I - No infirmity in the findings of the Commissioner of Income Tax (Appeals). - Decided in favour of assessee.
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