Case Law Details
Case Name : Kottinatu Transporters Vs CIT, Kottayam (Kerala High Court)
Appeal Number : Writ Petition No.- 15013 of 2012
Date of Judgement/Order : 25/06/2015
Related Assessment Year :
Courts :
All High Courts Kerala High Court
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Brief of the case:
- In case of Kottinatu Transporters vs. CIT, The Hon’ble Kerala HC by disposing off write petition held that the tax deduction under a heading by payer, it cannot be determinative of character of income of payee. It was held by honorable High Court that letting out lorries can not be treated as contractual business merely because TDS was deducted u/s 194C instead of u/s 194I
- Thus, in the present case though the tax was deducted u/s 194C, but the payment was in nature of hire charges because the assessee was infact carrying on the business of letting lorries on hire. The Honorable High Court has allowed contention of assessee allowing him to claim the deduction of depreciation @30 % against the 15% allowed by AO as the nature of the business in original was of letting out the lorries even though the TDS has been deducted by considering the nature of income as contractual income
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Author Bio
In this article, I think the correct heading should be ‘Mear’…instead of Mere.