New User   Login      
Tax Management India .com TMI - Tax Management India. Com
Extracts
Home List
← Previous Next →

2015 (6) TMI 181 - KARNATAKA HIGH COURT

2015 (6) TMI 181 - KARNATAKA HIGH COURT - [2015] 379 ITR 129 (Kar) - TDS u/s 194C- non-filing of Form No.15-I/J within the prescribed time - payments made to sub-contractors towards freight charges - Default of provisions of Section 40(a)(ia) - Held that:- Once, the declaration forms are filed by the sub- contractor, the liability of the assessee to deduct tax on the payments made to the sub-contractor would not arise . As we have examined, the sub-contractors have filed Form No.15I before the a .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

yee to deduct tax at source would cease and accordingly, application of Section 40(a)(ia) would also not arise. - Decided in favour of assesse. - ITA No. 553/2013 - Dated:- 13-4-2015 - Vineet Saran And S. Sujatha,JJ. For the Petitioner : Sri. K V Aravind, Adv. For the Respondent : Sri Yuths. A Shankar & M. Lava, Advs. JUDGMENT This appeal is filed by the revenue challenging the order passed by the Income Tax Appellate Tribunal, Bangal ore Bench B, Bangalore, dated 26.07.2013 for the Assessme .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

charges of ₹ 17,63,57,030/- under Section 40(a)(ia) of the Act. Aggrieved by the same, the assessee carried the matter in appeal before the Commissioner of Income Tax (A), Hubli, which was allowed by the Appellate Authority, against which, the revenue preferred an appeal before the ITAT, Bangalore. The Tribunal following the Judgment of Ahmedabad Bench in the case of Valibhai Khanbai Mankad-vs- DCIT (OSD) reported in ITA No.2228/Ahd/2009 dated 29.04.2011, dismissed the appeal filed by the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ct are attracted? Section 40 (a)(ia) and Section 194C(3) of the Act reads thus: Section 40(a)(ia) : Any interest, commission or brokerage, rent, royalty, fees for professional services or fees for technical services payable to a resident, or amount s payable to a contractor or sub-contractor, being resident, for carrying out any work (including supply of labour for carrying out any work), on which tax is deductible at source under Chapter XVII-B and such tax has not been deducted or, after deduc .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

inancial year exceeds fifty thousand rupees, the person responsible for paying such sums referred to in sub -s.(1) or as the case may be sub-s.(2) shall be liable to deduct income-tax under this section: Provided further that no deduction shall be made under sub-s.(2) from the amount of any sum credited or paid or likely to be credited or paid during the previous year to the account of the sub-contractor during the course of business of plying, hiring or leasing goods carriages, on production of .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

it such particulars as may be prescribed in such form and within such time as may be prescribed: or (ii) any sum credited or paid before the 1st day of June, 1972; or (iii) any sum credited or paid before the 1st day of June, 1973, in pursuance of a contract between the contractor and a co-operative society or in pursuance of a contract between such contractor and the sub-contractor in relation to any work (including supply of labour for carrying out any work) undertaken by the contractor for t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version