Case Law Details
Case Name : Deputy Commissioner of Income Tax Vs. M/s. S. K. Tekriwal (ITAT Kolkata)
Related Assessment Year : 2007- 08
Courts :
All ITAT ITAT Kolkata
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DCIT Vs. M/s. S. K. Tekriwal (ITAT Kolkata)- In the present case before us the assessee has deducted tax u/s. 194C(2) of the Act being payments made to sub-contractors and it is not a case of non-deduction of tax or no deduction of tax as is the import of section 40a(ia) of the Act.
But the revenue’s contention is that the payments are in the nature of machinery hire charges falling under the head ‘rent’ and the previous provisions of section 194I of the Act are applicable. According to revenue, the assessee has deducted tax @
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There is recent decision we have got on the subject from the Hon’ble Rajkot ITAT. Appeal No. 119/RJT/2011 Shri Narendra M.Jatia vs. The Dy.C.I.T.,Rajkot. 20/01/2012 Appeared R.B.SHAH Advocate. the findings are as under:
“provision contained in sec.40(a)(ia) can be invoked only in the event of non-deduction of tax but not for lesser deduction of tax”