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2016 (10) TMI 687 - ITAT DELHIRevision u/s 263 - TDS liability u/s 194C - Held that:- In the present case, when the assessee is showing its modus operandi of business on two segments and making accounting entries accordingly, then, we are unable to see any reason to hold that the conclusion drawn by the AO or in accordance with the provisions of the Act or was unsustainable as per relevant provisions of the Act. In the present case, since the assessee firm is not owning any trucks or vehicles of its own and merely working as transportation commission agent, and it is running services without any oral or written agreement, then the provisions of section 194C of the Act do not apply to the transactions undertaken by the assessee. So far as difference between commission earned from pucca and kaccha arhatia is concerned, we are satisfied that for undertaking pucca arhatia services, the assessee requires number of staff members and it has to undertake the risk of receiving and paying cash whereas, in the kaccha arhatia working, the assessee requires no staff members and the risk factor is very less and thus the difference in the percentage commission earned from two different activities is quite justified which cannot be taken as an allegation to the conclusion drawn by the AO that the order is erroneous and prejudicial to the interest of the Revenue. The present case cannot be held as a lack of enquiry. Therefore, we are unable to agree with the conclusion drawn by the CIT, Hissar that the order of the AO passed u/s 143(3) of the Act dated 19.10.2010 is erroneous and prejudicial to the interest of the Revenue which requires invocation of revisional powers u/s 263 of the Act. - Decided in favour of assessee
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