2014 (8) TMI 426

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..... buses - the Tribunal was correct in coming to the conclusion that the provisions of Section 194-C and not Section 194I of the Act were attracted - the agreement between the assessee and the transporters was not akin to the taking of any 'plant' or 'machinery' on lease or any other similar arrangement - the assessee had correctly deducted tax at source u/s 194C of the Act – Decided against Revenue. .....

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..... on to S.194-I. 2. Whether on the facts and circumstances of the case, was the ITAT legally correct in its view that the assessee's case is covered by S. 194-C and not by S. 194-I without keeping in mind the Explanation to S. 194-I to the Act which defines 'rent' to mean any payment under any lease, sub-lease, tenancy or any other arrangement for the use of interalia (d) machinery, ( .....

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..... peals between the assessee and the contractor for the transportation of students are, it is common ground, similar to those involved in the main appeal (Income Tax Appeal No. 314 of 2011, Commissioner of Income Tax Vs. M/s Apeejay School Apeejay School Campus) which has been disposed of by a judgment delivered today. In the said judgment, this Court has held that the Tribunal was correct in coming .....

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