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IGL Gemstones Pvt Ltd Versus The Deputy Commissioner of Income Tax

2015 (10) TMI 1591 - ITAT MUMBAI

Disallowance u/s 40(a)(ia) - non deduction of tds under section 194C for printing work - penalty u/s 271C - Held that:- Prima-facie, according to the provisions of section 194C r.w. definition given of "work" under the explanation to section 194C, the case of the assessee has to be accepted that assessee could be under bonafide belief for non-deduction of tax from the type of payments upon which it has been held that assessee is liable to deduct tax at source. Mere acceptance by the assessee of .....

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he definition of "work" by the Explanation to section 194C, we are of the opinion that levy of concealment penalty in the present case is not justified and deserves to be deleted. Accordingly, the penalty is deleted and appeal filed by the assessee is allowed. - Decided in favour of assessee. - ITA No.2955/MUM/2013 - Dated:- 25-5-2015 - I P Bansal, JM And Rajendra, AM,JJ. For the Appellant : Shri Deepak Tralshawalla For the Respondent : Shri Sachhidanand Dubey ORDER Per: I P Bansal: This is an a .....

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t is the case of the Revenue that assessee was under an obligation to deduct tax under section 194C on the payments made by it to two firms namely M/s. Fezisons and M/s. Dwarkesh Enterpirses, which concerns have done printing work for the assessee. The details of these works have been given in the table reproduced in para 5.4 of the order of Ld. CIT(A) and for the sake of brevity the same are not being reproduced. The assessee has made payments to M/s. Fezisons aggregating to a sum of ₹ 3, .....

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Dwarkesh Enterprises aggregating to ₹ 2,71,071/-, which includes payment made for jewellery design book;A4 size Certificate; A4 size terms and conditions; A4 size colour letterhead; I-Card for Delhi; diamond & diamond grading book; jewellery design book; Terms and conditions; cash credit voucher; Voucher book etc. 3.2 Thus, it has been held by AO that an aggregate sum of ₹ 6,06,879/- was to be added to the income of the assessee under the provisions of section 40(a)(ia) of the A .....

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ions as per definition given in Explanation to section 194C under the head "work" exclude the procurement of goods which are as per requirement or specification of the customer by using material purchased from a person other than such customer. Thus, it is the case of Ld. AR that though assessee has accepted the addition, that fact ALONE cannot be utilized for confirming the concealment penalty as primarily the obligation of the assessee for deduction of tax does not exist. It is also .....

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ion of Delhi Benches of ITAT in the case of ITO vs. Kuber Khaini Pvt. Ltd., order dated 29/7/2011 passed in ITA No.155/Del/2011, copy of the said order was placed on our record and was also given to Ld. DR. In the said decision, considering the definition of work given in Explanation to section 194C it was held by Tribunal that if the payments are made for the manufacture or supply of products which are manufactured according to the requirements or specifications of the customer by using materia .....

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