TaxTMI 
TaxTMI 
TaxTMI 
2018 (11) TMI 1483
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....s submissions, evidences and supporting placed on record during the course of the assessment proceedings, and not properly appreciating various facts and law in their proper perspective. 2) The Ld. CIT(A) has erred in law and on facts in upholding the addition to the income by Rs. 3,29,400/- for payment made to Transporters without deducting TDS u/s 194C(6) as the details of PAN of transporter was obtained by the assessee company thereby complying the conditions of the law as per section 194C(6). 3) Ld. CIT(A) has erred in law and on facts in not directing the Ld. AO not to charging interest under section 234C and 234D of the Act." 3. To adjudicate on these grievances, only a few material facts are required to be taken note of. The ass....
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.... Officer by observing as follows :- "4.3 Decision: I have carefully considered the facts of the case, the assessment order and the written submission of the appellant. The AO has made the disallowance in respect of payments made to V. Logistics Services of Rs. 99,000/- and to Prajapati Carriage Services of Rs. 2,30,400/- totalling to Rs. 3,29,400/- by invoking the provisions of section 40(a)(ia) of the I.T. Act for non compliance of provisions of section 194C of the I.T. Act, 1961. 4.4 The AO observed that as per the provisions of section 194(7), the appellant was required to furnish to the prescribed authority such particulars within such time in such form as is prescribed. Since the appellant had made the payment of freight and tran....
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.... him from quoting such PAN in the original TDS return filed. The appellant did not have any reason for such an act of default. As per the provisions of section 194C, the appellant ought to have made the TDS at the time of credit of the amounts in parties ledger account or payment thereof whichever is earlier. Accordingly, the appellant ought to have in possession of the PAN particulars of the aforesaid parties at the time of credit of such amounts in their ledger account or at the time of payment thereof whichever was earlier. But the appellant has failed to prove by adducing supporting evidences that it had in possession of the PANs as per the aforesaid provisions at the time of credit or payment which was earlier. In absence of having s....
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....id due dates. Since, the appellant has not complied the specific provisions of section 194(7) of the I.T. Act, 1961, whereby the time limit for submitting such particulars in Form No.26Q is prescribed, therefore, the appellants' case does not fall under the category of 194(7) of the I.T. Act and therefore, it was not exempt from non deduction of TDS and the AO has correctly invoked the provisions of section 40(a)(ia) of the I.T. Act, 1961 on such default. 4.9 In the present appeal, as discussed in the preceding paras that the appellant has failed to prove of having the PAN of the transporters in its possession while making the credit or payment to such parties and hence, appellant's contention remained unverifiable. 4.10 Further, the ca....
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....ied and is in further appeal before the Tribunal. 6. I have heard the rival contentions, perused the material on record and duly considered facts of the case in the light of the applicable legal position. 7. I find that the issue in appeal is now squarely covered by a Division Bench decision of this Tribunal in the case of Soma Rani Ghosh vs. DCIT [(2016) 74 taxmann.com 90 (Kol-Trib) wherein the Tribunal has inter alia observed as follows :- 34. From our above discussion it follows that,- (i) In the context of Section 194C(1), person undertaking to do the work is the Contractor and the person so engaging the contractor is the contractee; (ii) that by virtue of the Amendment introduced by Finance Act (No.2) 2009. the distinction betw....