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Whether the activity of transportation of containers falls under the purview of provisions of Sec 194C?

Case Law Details

Case Name
ITO Vs Yash Container Terminal Pvt. Ltd. (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2007- 08
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ITO Vs Yash Container Terminal Pvt. Ltd.  (ITAT Mumbai) – There is no dispute to the fact that the assessee has deducted tax @ 1.12% from the payments made to M/s Laxmichand Dharshi during the financial year 2006-07 u/s 194C of the I T Act being the payment made to sub contractor. According to the AO, such payments made to M/s Laxmichand Dharshi has to be treated as hire charges paid for transportation of containers/trucks as per bills raised since there is no written contract/ sub contract agreement between the parties concerned. Therefore, the assessee was liable to deduct tax at sour...
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