Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2019 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (9) TMI 775 - HC - Income TaxTDS u/s 194C - non-filing of a statement in terms of sub-Section 7 of Section 194C read with Rule 31A - whether the assessee had filed form No.26Q, though belatedly ? - HELD THAT:- We fail to understand as to what is the apprehension in the mind of the Revenue when the Tribunal has remanded the matter to the AO to consider whether the assessee has filed form no. 26(Q) belatedly and to examine as to whether the fee has to be collected. We find that there is no ground to interfere with the order passed by the Tribunal. In CIT Vs. Valibhai Khanbhai Mankad reported in [2012 (12) TMI 413 - GUJARAT HIGH COURT] held that once conditions of proviso to Section 194(C)(7) are satisfied, liability of payer to deduct taxes at source would cease and consequently, disallowance of payment of sub-contractor under Section 40(a)(ia) could not be made on the ground that the assessee had not furnished form no.15J as required under Rule 29D. We find that the said decision is of no assistance to the case of the Revenue. Assessee referred to the decision of the ITAT Jaipur in the case of ACIT Vs. Arihant Trading Co. reported in [2019 (3) TMI 1251 - ITAT JAIPUR] . In the said decision it has been held that Section 194C(6) & (7) are independent of each other and cannot read together to attract disallowance under Section 40(a)(ia) read with Section 194C of the Act. No substantial question of law
|