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Once Labour Payments are made, clear-cut Contract exists between the parties
Case Law Details
- Case Name
- I.T.O Vs M/s. Talwar Brothers Pvt. Ltd. (ITAT Kolkata)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2008-09
- Courts
- All ITAT, ITAT Kolkata
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Facts of the Case
The Assessee had paid a sum of Rs.9,22,160/- on account of Sewing and Processing Charges without deducting TDS on the same. The AO invoked the provisions of Section 40(a)(ia) of the Act and disallowed the entire amount paid on account of Sewing and Processing Charges. Aggrieved assesse filed an appeal before the Ld. CIT(A) who deleted the disallowance made by the AO on the ground that the payments were not made under any Agreement of Contract to the Contractors or the Sub-contractors. Aggrieved by the order of CIT(A) the AO filed an second appeal.
Contention of the Assessee
T...
