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2018 (3) TMI 1176 - AT - Income TaxLiability for collection of TCS u/s 206C(1C) - toll collections / amount received by the concessioner as entry fee at the toll plaza - assessee in default for non deduction of TDS u/s 194C - escrow account whether it is opened in the joint name or in the name of the contractor - Held that:- We are of the view that let the issue be remitted to the file of the Assessing Officer for examining whether the escrow account is opened by the concessionaire in its own name or jointly. AO will also examine whether the concessionaire has been granted contract of developing project highway by which project asset shall be created on BOT basis and what will be the use of the project asset so developed by the concessionaire for the purpose of his business including collection of toll to compensate the project expenditure and the profit thereon. AO will also examine whether the concessionaire is entitled to collect toll in view of the terms of the agreement and who has the right to levy fee/toll and who has granted this by the central government or by NHAI. Alternative contention of the assessee also needs examination whether the fee as has been prescribed at ₹ 1 per annum which is payable by the concessionaire to NHAI in consideration of grant of the project highway on BOT basis. This also requires examination. Similar are the facts relating to the issue of TDS under Section 194C - Decided in favour of assessee for statistical purposes.
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