TaxTMI 
TaxTMI 
2014 (1) TMI 742
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....s own and also taking trucks on hire. Assessee filed its return of income for A.Y. 2005-06 on 26.10.2005 declaring total income 1,34,920/-. The return was processed under Section 143(1). Thereafter the case was reopened by issuing a notice u/s 148 on 06.02.2009. Subsequently the assessment was framed under Section 143(3) read with section 147 vide order dated 22.12.2003 and the total income was determined at Rs. 78,26,260/-. Aggrieved by the order of Assessing Officer, Assessee carried the matter before CIT(A). CIT(A) vide order dated 24.05.2010 granted partial relief to the Assessee. Aggrieved by the aforesaid order of CIT(A) the Assessee as well as Revenue are in appeal before us. Before us the effective grounds raised by Assessee reads a....
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....ound no. 1 of Assessee is general in nature and not adjudicated and therefore dismissed. Ground No. 2(a) of Assessee is with respect to addition of disallowance of Rs. 65,166/-. 4. The learned A.R. did not seriously press this grounds and therefore the same is dismissed has not pressed. 5. Ground No. 2(b) of Assessee is with respect to addition of Rs. 14,49,063/- under Section 40(a)(ia):- 6. During the course of assessment proceedings, Assessing Officer noticed that Assessee had shown sub-contract payments of freight expenses of Rs. 1,20,85,955/-. On perusing the TDS certificate, he noticed that assessee has also received freight from various parties. Assessing Officer was of the view that as per provisions of section 194C(2), t....
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....gree with the contention of the appellant that the amended provisions of section 194C w.e.f. 01-10-2004 applies to the transactions entered into on or after that date and hence, the aggregate limit of contractual amount of Rs.50,000 for application of TDS provisions has to be calculated for the period from 01-10-2004 onwards and in that event the alternative prayer of the appellant is allowed and accordingly, the appellant gets relief of Rs.l9,27,931 and the disallowance as made by the ITO is directed to be restricted to Rs. 14,49,063 (i.e. Rs.33,76,994 - Rs. 19,27,391). Needless to mention that the transaction prior to the date of amendment will go outside the purview of the said provisions. In the result this ground of appeal of the appel....
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....e Mumbai Tribunal in the case HCCL L &T. Purulia Joint Venture vs. JCIT (ITA No. 1644/M/2010 for A.Y. 2006-07 & ITA No. 3041/M/2010 for A.Y. 2007-08 order dated 24.06.2011). 9. The learned A.R. further placed reliance on the decision in the case of Prashant Shah Vs. JCIT (2012) 12 Taxmann. Com. 263 Ahmedabad. He further submitted that against the aforesaid order of Tribunal the Revenue had preferred appeal before Hon. Gujarat High Court. Hon. Guj. High Court in Tax Appeal No. 159 of 2011 (order dated 9.10.2012) dismissed the appeal of the Assessee. He placed on record at page 51 to 52 decision of Tribunal and on page 23 to 36 the order of Guj. High Court. He thus urged that the addition made by the Assessing Officer be deleted. 10. Th....
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....Rs. 65,166/- only against addition made of Rs. 3,14,349/- on account of disallowances of various expenses. 13. Ground No. 1 is with respect to disallowance under 40(a) (ia):- 14. During the course of assessment proceedings Assessing Officer had disallowed the payment made to sub-contractors on which the assessee had not deducted TDS. The total disallowance worked out under 40(a) (ia) was Rs. 33,76,994/-. CIT(A) after considering the submissions of the Assessee noted that the amended provisions of section 194C with effect from 01.10.2004 applied to the transactions entered into on or after that date and hence the aggregate limit of contractual amount of Rs. 50,000/- for application of TDS provisions has to be calculated for the period ....