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2016 (7) TMI 113 - GUJARAT HIGH COURT

2016 (7) TMI 113 - GUJARAT HIGH COURT - TMI - 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 o .....

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of ₹ 11,65,542/- of the IT Act for A.Y.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 te .....

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enting or hiring of equipments such as earth-movers, 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 impugn .....

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es and paid the hire charges. These payments do 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 .....

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