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2016 (5) TMI 979 - AT - Income TaxTDS u/s 194C - non deduction of tds - whether the said payments made by the respondent-assessee to KHB and RITES Ltd. are in the nature of consideration paid for works contract? - Held that:- CIT(A) correctly held that the entire payment made by the appellant to KHB and Rites are not in the nature of income of the payees, and such entire amounts could not be said to be liable for deduction of tax u/s 194C. In fact, the payment to the extent of remuneration payable to KHB and RITES as percentage of the project cost is in the nature of income of professional/technical and managerial nature liable to deduction of tax u/s 194J. The Assessing Officer is therefore directed to compute the amounts out of payments made by the appellant to KHB and RITES which are remuneration or income in the hands of the payees, and work out the tax deductible u/s 194J. The question is answered accordingly - Decided against revenue
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