New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
CGST - Acts + GST Rates GST Ntf. GST Forms GST - Manual GST - FAQ State GST Acts SGST Ntf. I. Tax Manual
Extracts
Home List
← Previous Next →

Oil and Natural Gas Corporation Ltd. (ONGC) Versus ITO (TDS) Rajahmundry.

TDS under section 194C or 194-I - work over operations, transport expenses - Held that:- When this appeal came up for hearing before the Commissioner of Income Tax (Appeals), the Commissioner of Income Tax (Appeals) without adjudicating merits of the case, directed the Assessing Officer to follow the decision of the Hon'ble Supreme Court in the case of Hindustan Coca Cola Beverage (P) Ltd. (2007 (8)12 - SUPREME COURT OF INDIA ). We find that the Commissioner of Income Tax (Appeals) has not consi .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

157/VIZ/2013 - Dated:- 20-1-2017 - Shri V. Durga Rao, Hon ble Judicial Member And Shri G. Manjunatha, Hon ble Accountant Member Assessee by : Shri G.V.N. Hari - Advocate & Shri E.S.H. Mohan - CA. Department by : Shri M. Bhupal Reddy - DR D ORDER Per V. Durga Rao, Judicial Member These are the appeals filed by the assessee against the common order of the Commissioner of Income Tax (Appeals)-11, Mumbai Camp at Visakhapatnam, dated 09/01/2013 for the Assessment Years 2008-09 & 2009-10. ITA .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e following payments, on which TDS attracts:- a) Royalty b) Work over operations c) Transport expenses d) Repair and Maintenance e) Other contractual payments The Assessing Officer has noted from the information furnished by the assessee that the assessee did not make TDS at appropriate rates applicable on the payments made towards Work over operations‟ and Transport expenses‟. Further, the Assessing Officer has noted that on verification, it is found that the assessee has made TDS u .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

:- a) Work over operation : M/s.Deep Industries Ltd., Gandhi Nagar, Gujarat b) Repair & Maintenance : Mithra Agencies, Rjy and Cummins Engineers c) Hiring of Dual Cabs : Prasad Associates, Rajahmundry d) Transportation of Crude Oil : Graduates Transport Services, Visakhapatnam. The Assessing Officer further noted that the work over operations comprises of on-site work, such as digging of wells, bores by using rigs, compression of natural gas to achieve Zero-Flaring, development / exploratory .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the payments made are only towards hiring of services, machinery, plant, equipment, furniture, fittings etc. and the assessee is liable to make TDS under the provisions of section 194-I and not under the provisions of section 194C. 4. So far as transport expenses are concerned, the Assessing Officer observed that the payments are in the nature of hire payments. This scope of work is lifting and transportation of crude oil, which was condensed from well sites/production installations of ONGC in R .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ax at source under section 194-I at 11.33%. The assessee is deemed to be assessee is in default‟ in respect of such tax, hence, directed to pay tax and interest under section 201(1) as well as 201(1A) of the Act. 5. The assessee carried the matter in appeal before the Commissioner of Income Tax (Appeals) and submitted that assessee has deducted TDS correctly under section 194C of the Act and the Assessing Officer wrongly held that ONGC i.e. assessee is in default‟ for short deduction .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

that the appellant is not liable for any demand under section 201(1) in those cases of nondeduction and sort deduction of tax at source wherever he has shown that the payee has filed the income tax return declaring the receipts from the appellant as its income and paid taxes thereon appropriately. Accordingly, he directed the Assessing Officer to examine the records of the payees with respect to filing of income tax returns showing the receipt of income from the assessee and allow relief in all .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

short deduction and the Commissioner of Income Tax (Appeals) without adjudicating the ground raised by the assessee, by following the decision of the Hon'ble Supreme Court in the case of Hindustan Coca Cola Beverage (P) Ltd. (supra), directed the Assessing Officer to examine the returns filed by the payees and granted relief to the assessee. He further submitted that the issue involved in this appeal is whether TDS has to be deducted under section 194-I or 194C, should be adjudicated first a .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| 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