TMI Blog2015 (7) TMI 931X X X X Extracts X X X X X X X X Extracts X X X X ..... ed assessee's appeal - Held that:- The tribunal found that the assessee is an Association of Persons(AOP). The association comprises of M/s. SMC Infrastructure Pvt. Ltd. which is a company incorporated under the Indian Companies Act, 1956 and M/s. Ambika Enterprises which is a proprietary firm. The association was for the purposes of bidding for contract of the Thane Municipal Corporation. It is t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot correct to say that the Tribunal insisted on any written contract evidencing such relationship. The Tribunal noted the admitted facts and found that there is no subcontract or relationship of a subcontractor emerging from this undisputed factual position. It is in these circumstances, that it is correctly held that section 194 C(2) of the Income Tax Act has no application to the facts of the as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ontract to hold that there is no relationship of a subcontractor between the assessee and M/s. SMC Infrastructure Pvt. Ltd. and M/s. Ambika Enterprises. Mr. Suresh Kumar would submit that this would facilitate violation of section 194C of the Income Tax Act, 1961. In that event, the tax would not be deducted at source for the payments made even to subcontractors. 4] We are unable to agree. 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the same was handed over to the members to enable them to execute the contract. The association has neither kept any commission of its own nor any profit. The association comprising of these two members/partners joined together for the purposes of executing the project. It is in such circumstances, that no inference of any sub contractorship can be drawn. It is not correct to say that the Tribun ..... X X X X Extracts X X X X X X X X Extracts X X X X
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