2014 (1) TMI 1532

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....xcept the difference in figure. The grounds in ITA No.1277/Del/2013 read as under :- "1. The CIT (A) has erred in law and on facts in deleting the addition of Rs.4,51,550/- on account of short deduction in directing that provisions contained in Section 194C is applicable on the payment made by the assessee for hiring of buses, ignoring the tact of the case that the deductor company is liable to deduct the tax u/s 194I at the rate of 10% for hiring of buses in view of amendments made u/s 194I w.e.f. 01.06.2007. 2. The CIT (A) has erred in law and on facts in deleting the additions of Rs.4,51,550/- on account of short deduction without appreciating the fact that the hired vehicles were covered under the definition of plan land machinery....

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....ple hiring contract but is actually contract for carrying out the work of transportation. The AO was of the view that the CBDT circulars are "just of a guiding nature and can be used only as aids for interpretation of provisions and cannot override specific provisions of the Act". According to him, since the specific provision of TDS u/s 194-I of the I.T. Act was introduced in the statute by the Finance Act, 1994, w.e.f. 01.06.1994 and the ambit of the provision was extended to plant and machinery w.e.f. 13.07.2006 vide the Taxes Laws Amendment Act, 2006, the provision of the law has to be applied, the CBDT circulars notwithstanding. He also noted that the contract for transportation considered in CBDT circular no.558 was of a different typ....

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....) vs. Indian Oil Corporation (Marketing Division) - [2011][15 taxmann.com 210][Delhi ITAT]; (ii) Indian Oil Corporation Ltd. (Marketing Division) vs. ITO (TDS), Mathura [ITA Nos.14 & 15/Agr/2010 and ITA Nos.98 & 99/Agr/2010] and ITO (TDS), Mathura vs. M/s. Indian Oil Corporation Ltd. (Marketing Division) [ITA Nos.41 & 42/Agr/2010 and ITA Nos.103 & 104/Agr/2010] (iii) ACIT (TDS) vs. Delhi Public School - [2013][37 taxmann.com 211][Delhi ITAT] (iv) Bharat Forge Ltd. vs. Addl.CIT [2013][36 taxmann.com 574][Pune ITAT] 4. We have heard both the sides on the issue. In the case of assessee, ITAT, Delhi Bench 'C' reported in [2011][15 taxmann.com 210][Delhi ITAT] has decided the issue as under:- " In the light of consistent view take....