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TMI Blog2014 (8) TMI 427X X X X Extracts X X X X X X X X Extracts X X X X ..... questions of law:- "1. Whether on the facts and circumstances of the case, was the ITAT legally correct in holding that the assessee was liable to deduct TDS at 2% U/s 194-C and not U/s 194-I of the I.T. Act, 1961, without considering the Explanation to S.194-1. 2.Whether on the facts and circumstance of the case, was the ITAT legally correct in its view that the assessee's case is covered by S.194C and not by S.194I 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 inter alia (d) machinery, (e) plant, or (f) equipment. 3.Whether the ITAT has rightly relied upon the cases of NTPC Ltd. and Accenture ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . (b) Vehicles employed by the contractor are required to pick-up/drop the employees at the time, pick-up points and route as prescribed by the company. In case of deviation as regards to adherence of time, pick-up points or missing trip without prior approval, transport operator is liable to pay penalty as prescribed in the Agreement. Thus main essence of the contracts is providing pick up and drop facilities to the employees of the assessee company and not hiring the buses on rent. c) All the expenses towards Fuel i.e. CNG/Diesel, maintenance like tyres, spares, engine oil etc., insurance charges for vehicle, driver and passengers, permit fees, salaries of drivers and other staff are borne by the Transport operator. d) In case of any a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r under Section 201 (1A) of the Act. The Tribunal has allowed the appeals of the assessee. The Tribunal has held that the contract would indicate that the assessee has not taken possession of the buses. The buses remained with the transporters. The transporters are contractually obliged to maintain the buses in proper condition. The drivers and the conductors were to be provided by the transporters. The buses were to run for a fixed number of hours and were to be utilised for providing pick-up and drop facilities to the employees of the assessee from point to point. The assessee had deducted the tax at source under Section 194C of the Act, but the contention of the Revenue was that the deduction at source ought to have been made under Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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