Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

COMMISSIONER OF INCOME TAX (TDS) Versus M/s AMIT CORPORATION

2016 (7) TMI 113 - GUJARAT HIGH COURT

TDS on hiring charges paid for equipment hire charges before 01.06.2005 - held that:- Revenue does not seriously dispute that prior to 01.06.2005, as Section 194C stood, requirement of TDS on equipments higher charges did not arise. As the requirement of deducting tax at source for such charges arose only after the amendment post 01.06.2005, we have no hesitation in upholding the judgement of the Tribunal - in favour of assessee - TAX APPEAL NO. 82 of 2011 - Dated:- 27-6-2016 - MR. AKIL KURESHI .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

2003-2004 by the Assessing Officer. Though there was a contract for transport between assessee company and contractee and it was not a contract for hiring or renting of equipment ? 2. Briefly stated the facts are that for the assessment year 2003-04, the Assessing Officer called upon the assessee to justify why on the higher charges of ₹ 4.54 crores (rounded off) made to two transport companies, the assessee had not deducted tax at source in terms of Section 194C of the Income Tax Act, 196 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

overs, JCB machines, loader-machines, mixture machines etc. He was of the opinion that, if the Assessing Officer thought that expenditure was not genuine, the entire expenditure could have been disallowed, however, not with the aid of Section 194C of the Act since on charges for hiring of equipments, requirement of deducting tax at source would not apply. This issue was carried in appeal before the Tribunal by the Revenue. The Tribunal, by the impugned judgement, rejected the appeal making follo .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

o not fall within the purview of section 194C of the Act as it stood at the relevant point of time. It is only from 01.06.2005 that hire charges in respect of equipments attract the provisions of section 194C. The Explanation for the purposes of clause(i), goods carriage shall have the same meaning as in the Explanation to sub section (7) of section 44AE. Therefore, the hire charges would within the purview of section 194C only with effect from 01.06.2005. Moreover, in this case, during the cour .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     bird's eye view     ↓  


|| 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