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CONTRACT WORKMEN ARE TO BE INCLUDED AS EMPLOYEES OF THE ASSESSEE UNDER (erstwhile) SECTION 80-IA(2)(4) OF INCOME TAX ACT, 1961

Income Tax - Direct Tax Code - DTC - By: - Mr. M. GOVINDARAJAN - Dated:- 8-8-2015 - Section 80IA of the Income Tax Act, 1961 provides for deduction in respect of profit and gains from industrial undertakings or enterprises engaged in infrastructure d .....

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king manufactures or produces articles or things, the undertaking employs ten or more workers in a manufacturing process carried on with the aid of power or employs twenty or more workers in a manufacturing process carried on without the aid of the p .....

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(8) TMI 104 - GUJARAT High Court the High Court observed that the persons doing the work on contract basis will have to be counted for the purpose of Section 80-IA(2)(v) for the reason that the assessee was controlling not only the work to be done by .....

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aking of the assessee employs 20 or more workers in the manufacturing process carried on by it. The term employed by the statute is employs twenty or more workers. The plain dictionary meaning of the said term employ is to use the services of a perso .....

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s engaged in the manufacturing and sale of transformers, electrical goods, job work etc., M/s Sai Computer Consultancy was engaged in the process of data feeding, accounts, reports, data processing etc., The said unit has three sub-units at Meerut, L .....

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ployees was less than 10 as per Section 80-IA (10) of the Act. Therefore the assessee approached the High Court. The High Court found that the assessee has maintained separate books of account for both the units. The workers were also appointed indep .....

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Appeals) observed that there were 14 workers employed with the assessee. Out of the 14, two were the security guards. The security guards cannot be considered as having been employed in connection with the business of the industrial undertaking, and .....

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