2008 (3) TMI 619

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....grieved by an order dated 9-3-2007 passed by the Income Tax Appellate Tribunal, Delhi Bench 'H' in ITA Nos. 2793, 2794, 2795 and 2796/Delhi/2006 relevant for the financial years 2000-01 to 2003-04. 2. The assessee is a partnership firm carrying on the business of clearing and forwarding agents (C&F agents) and booking cargo for transportation abroad for various airlines operating in India. 3....

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....in terms of section 194C of the Income-tax Act, 1961 ('the Act'). 6. On the basis of the submissions made by the assessee, the CIT(A) decided the issue in its favour and it was held that the assessee was not liable to deduct tax at source and in any case, there is a reasonable cause for not deducting the tax at source. 7. Against the order passed by the CIT(A), the revenue preferred an appea....

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....nsible" for making the payment in terms of section 194C of the Act. It is not clear whether the representation is still pending or it has been disposed of by the CBDT one way or the other. 10. The assessee also submitted that it had also taken the opinion from its Chartered Accountant and was advised that there was no obligation to deduct tax at source. The Air Cargo Association of India had ap....

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....use, it has been held by this Court in Woodward Governor India (P.) Ltd. v. CIT [2002] 253 ITR 745 as follows:- "...'Reasonable cause' as applied to human action, is that which would constrain a person of average intelligence and ordinary prudence. It means an honest belief founded upon reasonable grounds, of the existence of a state of circumstances, which assuming them to be true, would reaso....