2015 (11) TMI 1765

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....ant : Shri T M Sreedharan For the Respondent : Shri K P Gopakumar, SR DR ORDER PER BENCH: These three appeals, (two at the instance of the revenue and one at the instance of the assessee) and two Cross Objections (both at the instance of the assessee), are directed against the consolidated order of the CIT(A) dated 24.3.2014. The order of the CIT(A) arises out of the order passed u/s 2....

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....efly stated the facts of the case are as follows: The assessee is a private limited company. It is engaged in the business of shipping agency, clearing and forwarding, stevedoring and other allied services. The assessee, in the course of its business, had taken certain ships on hire and had paid charter hire charges. For the AY 2007-08 the assessee had made total payment of Rs. 12,61,18,420/- a....

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....ted TDS provisions u/s 194-I of the Act. 4 Aggrieved, the assessee filed appeal before the CIT(A). The CIT(A) followed the earlier appellate order dated 9.4.2012 in ITA No. 72/R-1/E/CIT(A)- II/10-11 (appeal as against the assessment completed u/s 143(3) of the Act). The CIT(A) held that even though the provisions of section 194-I would not be attracted, the provisions of section 194C are to be ....

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....94-I of the Act. In order to examine whether it is a case of contract of carrier coming within the provisions of sec. 194C or hire simplictor of ships coming within the provisions of sec. 194-I, reading of contract/agreement entered between the assessee and the owner of the ships is must. The contract entered between the assessee and the ship owners are not placed on record though there is a refer....