2022 (6) TMI 1192

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.... order dated 10.03.2014 passed by the Assessing Officer (AO) under s. 143(3) r.w.s. 254 of the Income Tax Act, 1961 (the Act) concerning AY. 2007-08. 2. The ground of appeal raised by the assessee reads as under: "1. The learned CIT(A) erred in law and on facts in confirming the disallowance of Lorry Hire Charges of Rs.1,25,07,815/- under section 40(a)(ia) of the Income Tax Act, 1961, such disallowance is requested to be deleted." 3. The brief facts of the case are that on going through the records, it is noticed that assessee has debited sum of Rs.10,41,14,765/- as "Lorry Hire Charges". Assessee was asked to furnish the complete details and copy of account of said expenses. In response to which assessee has produced all ledger accounts....

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....under any law, engaged either for the purpose of dealing with and satisfying the need for housing accommodation or for the purpose of planning, development or improvement of cities, towns and villages, or for both; or (g) any society registered under the Societies Registration Act, 1860 (21 of 1860) or under any law corresponding to that Act in force in any part of India; or (h) any trust; or (i) any University established or incorporated by or under a Central, State or Provincial Act and an institution declared to be a University under section 3 of the University Grants Commission Act, 1956 (3 of 1956); 5 [or] -[(j) any firm,] shall, at the time of credit of such sum to the account of the contractor or at the time of payment ther....

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....oses of sub-section (2), the expression "contractor" shall also include a contractor who is carrying out any work (including supply of labour for carrying out any work) in pursuance of a contract between the contractor and the Government of a foreign State or a foreign enterprise Or any association or body established outside India.] - [_[ Explanation II].-For the purposes of this section, where any sum referred to in sub-section (1) or sub-section (2) is credited to any account, whether called "Suspense account" or by any other name, in the books of account of the person liable to pay such income, such crediting shall be deemed to be credit of such income to the account of the payee and the provisions of this section shall apply! accordi....

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....re than two goods carriages at any time during the previous year: Provided also that the person responsible for paying any sum as aforesaid to the subcontractor referred to in the second proviso shall furnish to the prescribed income-tax authority or the person authorised by it such particulars as may be prescribed in such form and within such time as may be prescribed; or] (ii) any sum credited or paid before the 1st day of June, 1972: - [or] [(iii) any sum credited or paid before the 1st day of June, 1973. in pursuance of a contract between the contractor and a co-operative society or in pursuance of a contract between such contractor and the sub-contractor in relation to any work (including supply of labour for carrying out any wor....