2015 (6) TMI 181

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....he Assessment Year 2009-10 declaring the total income of Rs. 19,07,890/-. Srutiny assessment was completed under Section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as the 'Act' for short) on 28.12.2011 by computing the total income of Rs. 17,82,64,920/- and while doing the said assessment, the Assessing Officer had added payments made to sub-contractors towards freight charges of Rs. 17,63,57,030/- under Section 40(a)(ia) of the Act. Aggrieved by the same, the assessee carried the matter in appeal before the Commissioner of Income Tax (A), Hubli, which was allowed by the Appellate Authority, against which, the revenue preferred an appeal before the ITAT, Bangalore. The Tribunal following the Judgment of Ahmedabad Bench in t....

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....um does not exceed twenty thous and rupees: Provided that where the aggregate of the amounts of such sums credited or paid or likely to be credited or pa id during the financial year exceeds fifty thousand rupees, the person responsible for paying such sums referred to in sub -s.(1) or as the case may be sub-s.(2) shall be liable to deduct income-tax under this section: Provided further that no deduction shall be made under sub-s.(2) from the amount of any sum credited or paid or likely to be credited or paid during the previous year to the account of the sub-contractor during the course of business of plying, hiring or leasing goods carriages, on production of a declaration to the person concerned paying or crediting such sum in the pre....