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2017 (6) TMI 248 - AT - Income TaxTDS u/s 194C - payments made to the manufacturers without TDS deduction - Disallowance invoking section 40(a)(ia) - whether the payees are not “sub-contractors” ? - leviability of interest u/s.234A/234B/234D - Held that:- Consedring the assessee's submission that the assessee is not a contractor as prescribed u/s.194C(2) of the Act and the previous year involved is 2004-05 relevant to assessment year 2005-06 and the provisions of the section 40(a)(ia) of the act brought into statute book on 10.09.2004. Being so, it cannot be applied to the entire assessment year. Further, it was submitted that each payment is less than Rs. 20,000/- and aggregate payment is less than ₹ 50,000/- to each party in the assessment year under consideration. Being so, Sec.194C(2) of the Act cannot be applied. As these facts were not examined by the Ld.CIT(A), though raised before him and prayed the issue may be remitted to the file of AO for considering all the facts.
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