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2012 (10) TMI 287 - AT - Income TaxNon deduction of TDS - purchase of printed material - contract for work and labour or contract for sale - default u/s 201(1)- Held that - As decided in Associated Cement Co. Limited Versus Commissioner of Income-Tax And Another 1993 (3) TMI 1 - SUPREME COURT provisions of section 194C are not applicable in the case of sale of goods The sample invoices and in many cases M/s Fair Deal Printing Press has charged even VAT/CST. The Revenue has at no point alleged or proved that the assessee had supplied paper or ink to the printer. Therefore, it is simple case of contract for sale/purchase as the assessee has purchased printed material though made according to the specification of the assessee. Therefore, in our humble opinion the provisions of section 194C are not attracted in this case and the assessee is not liable to deduction of tax u/s 194C. Accordingly we set aside the order of the ld. CIT(A) and hold that the assessee is not in default u/s 201(1) and further not liable to pay interest u/s 201(IA) - in favour of assessee.
Issues Involved:
1. Classification of the contract for purchase of printed material as a contract for work and labour or a contract for sale. 2. Applicability of tax deduction at source (TDS) under section 194C of the Income Tax Act for the purchase of printed material. 3. Charging of interest under section 201(1A) of the Income Tax Act. Issue-wise Detailed Analysis: 1. Classification of the Contract: The primary issue was whether the contract for the purchase of printed material should be considered a contract for work and labour or a contract for sale. The assessee argued that the transactions with M/s Fair Deal Printing Press were contracts for sale, as the printed materials were supplied according to specific requirements, and sales tax/VAT was charged. The CIT(A) referred to the decision of the Hon'ble Supreme Court in Associated Cement Co. Ltd. v. CIT, which stated that "any work" means any work and not just a "works contract." The CIT(A) applied various principles to determine the nature of the contract, concluding that the contract was for work and labour because the printing press rendered services as per the specifications of the assessee. 2. Applicability of TDS under Section 194C: The CIT(A) held that the provisions of section 194C were applicable as the contract was for work and labour. However, the appellate tribunal found that the nature of the contract should be determined based on whether the property in the goods passes only after delivery. The tribunal referred to Circular No. 681, which clarified that if the property in the article passes after delivery, it is a contract for sale. The tribunal noted that the assessee did not supply paper or ink, and the printer charged VAT/CST, indicating a contract for sale. Therefore, the tribunal concluded that the provisions of section 194C were not applicable, as the contract was for the sale of goods. 3. Charging of Interest under Section 201(1A): The CIT(A) initially held that the assessee was liable for interest under section 201(1A) but allowed relief based on the Supreme Court's decision in Hindustan Coca Cola Beverages (P.) Ltd. v. CIT. The tribunal, however, set aside the CIT(A)'s order, holding that since the provisions of section 194C were not applicable, the assessee was not in default under section 201(1) and not liable to pay interest under section 201(1A). Conclusion: The appellate tribunal concluded that the contract for the purchase of printed material was a contract for sale and not for work and labour. Consequently, the provisions of section 194C were not applicable, and the assessee was not liable for TDS or interest under section 201(1A). The appeals filed by the assessee were allowed.
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