Provisions of s 194C do not apply towards the transportation charges paid to partners by partnership firm for use of trucks owned by the partners

CIT Vs Grewal Brothers – No doubt the firm and the partners may be separate entities for income tax and it may be permissible for a firm to give a contract to its partners and deduct tax from the payment made as per s 194C, but it has to be determined in the facts and circumstances of each case whether there was any separate subcontract or the firm merely acted as an agent as pleaded in the present case. The case of the assessee is that it was the partners who were executing the transportation contract by using their trucks and the payment from the companies was routed through the firm as an agent. The CIT(A) and the Tribunal accepted this plea on facts. Once this plea was upheld, it cannot be held that there was a separate contract between the firm and the partners in which case the firm was required to deduct tax from the payment made to its partners under s 194C

High Court of Punjab and Haryana

ITA No. 662 of 2010

Adarsh Kumar Goel and Ajay Kumar Mittal, JJ

Decided on: 5 April 2011 Counsel appeared:

Mr. Rajesh Katoch, Senior Standing Counsel for the appellant.