TMI Blog2015 (2) TMI 1187X X X X Extracts X X X X X X X X Extracts X X X X ..... ection (6) shall furnish, to the prescribed Income Tax Authority or the person authorised by it, such particulars in such form within such time as may be prescribed, this provision was not made applicable for the impugned assessment year as the relevant notification was not issued immediately. In fact, the Board has given notification on 15.10.2010, which was made effective for the forthcoming second quarter statement due on 15th October, 2010. Since CBDT itself has issued notification in a later year, assessee’s contention that in the impugned assessment year, no such prescribed authority was stated has to be accepted. Even otherwise, as rightly pointed out by the Ld. CIT(A) provisions of section 194C(6) are independent of section 194C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve been discharged only when he deducts and remits tax to Government Account and on same analogy, the benefits of provisions of section 194C(6) will be available to assessee only when he complies with the provisions of section 194C97) of the Act. 2. Briefly stated, assessee is an individual deriving income from export of iron ore to various countries. Assessee filed its return of income for impugned assessment admitting total income of ₹ 1,15,06,755. In the course of assessment proceedings, A.O. noticed that assessee had incurred total transport charges on iron ore of ₹ 4,50,60,353. A.O. asked assessee to furnish details of deduction of tax at source under section 194C of the Act on the transport charges paid to three diffe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ax was deductible at source from the payment made to the transporters is to be discerned from sec.194C. 4.6 Sub-sections (6) and (7) of sec.194C provide that: (6) No deduction shall be made from any sum credited or paid or likely to be credited or paid during the previous year to the account of the contractor during the course of business of plying, hiring or leasing goods carriages, on furnishing of his Permanent Account Number, to the person paying or crediting such sum. (7) The person responsible for paying or crediting any sum to the person referred to in sub-section (6) shall furnish, to the prescribed income-tax authority or the person authorized by it, such particulars, in such form and within such time as may be pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce to Explanation (a) of sec.44AE. The mere fact that the meaning assigned to the words, 'goods carriage' in sec.44AE has been imported into sec.194C(6) does not mean that sec.194C(6) applies only to those persons to whom sec.44AE applies. 4.10. Even otherwise, sec.44AE applies to an assessee who is engaged in plying, hiring or leasing of trucks and who owns not more than ten goods carriages. The Assessing Officer has observed in his order that the three transporters did not own any trucks at all. It is possible that the three transporters had engaged more than ten trucks on hire. However, sec.44AE refers only to ownership of trucks as a condition. The number of trucks hired by the parties is of no consequence to the applicatio ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
