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TMI Blog2015 (6) TMI 181X X X X Extracts X X X X X X X X Extracts X X X X ..... only a technical defect as pointed out by the Tribunal in not filing Form No.15J by the assessee. See Valibhai Khandbai Mankad’s case (2011 (4) TMI 887 - ITAT, AHMEDABAD ) upheld by the High Court of Gujarat reported in (2012 (12) TMI 413 - GUJARAT HIGH COURT) wherein it is held that once the Conditions of Section 194C(3) were satisfied, the liability of the payee to deduct tax at source would cease and accordingly, application of Section 40(a)(ia) would also not arise. - Decided in favour of assesse. - ITA No. 553/2013 - - - Dated:- 13-4-2015 - Vineet Saran And S. Sujatha,JJ. For the Petitioner : Sri. K V Aravind, Adv. For the Respondent : Sri Yuths. A Shankar M. Lava, Advs. JUDGMENT This appeal is filed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ration is: Whether non-filing of Form No.15-I/J within the prescribed time is only a technical default or the Provisions of Section 40(a)(ia) of the Act are attracted? Section 40 (a)(ia) and Section 194C(3) of the Act reads thus: Section 40(a)(ia) : Any interest, commission or brokerage, rent, royalty, fees for professional services or fees for technical services payable to a resident, or amount s payable to a contractor or sub-contractor, being resident, for carrying out any work (including supply of labour for carrying out any work), on which tax is deductible at source under Chapter XVII-B and such tax has not been deducted or, after deduction, has not been paid on or before the due d ate specified in sub-section(1) of Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me as may be prescribed: or (ii) any sum credited or paid before the 1st day of June, 1972; or (iii) any sum credited or paid before the 1st day of June, 1973, in pursuance of a contract between the contractor and a co-operative society or in pursuance of a contract between such contractor and the sub-contractor in relation to any work (including supply of labour for carrying out any work) undertaken by the contractor for the co-operative society. 4. The combined reading of these two provisions make it clear that if there is any breach of requirement s of Section 194C(3), the question of applicability of Section 4 0(a)(ia) arises. The exclusion provided in Sub-Section(3) of Section 194C from the liability to deduct tax at sourc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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