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TMI Blog2015 (6) TMI 475X X X X Extracts X X X X X X X X Extracts X X X X ..... only when payments are made “in pursuance of a contract” that the provisions of section 194C come into play. The contract may be oral or written, express or implied but there must be a contract nevertheless. In the present case, however, the payment is on account of legal obligation under section 24(1) of the Punjab Water Supply and Sewerage Board Act 1976. - Decided in favour of assessee. - I.T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acts and in the circumstances of the case, the Ld. CIT(A) has misdirected himself in law, in sustaining the order of Ld ITO, TDS-II by upholding the Trust (JIT) as PR and further assessee in default in terms of sec 201(1) for alleging failure to deduct tax at source amounting ₹ 57334/- on payment made on account of financial transactions bounded by statute, to Punjab Water Supply Sewer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... altogether common, barring the amounts of TDS which stand at ₹ 61,843, ₹ 3,03,777 and ₹ 61,843 respectively. 3. To adjudicate on these appeals, only a few material facts need to be taken note of. The assessee before us is a public trust set up under Punjab Towns Improvement Act, 1922. A TDS survey was carried out on the premises of the assessee on 4th February 2010 and 5th Fe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... further appeals before us. 4. We have heard the rival contentions, perused the material on record and duly considered facts of the case in the light of the applicable legal position. 5. There is no dispute that the appellant has made payments to Punjab Water Supply and Sewerage Board for execution of work relating to sewerage pipe lines and for treatment of polluted water of the city. Howev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in such instalments as may be prescribed. 6. For the reasons set out above, the provisions of section 194C did not come into play on the facts of this case. Clearly, therefore, the impugned demands under section 201(1) and 201(1A) r.w.s. 194C are wholly devoid of any legally sustainable merits. We quash these demands. 7. As the appellant succeeds in the above grounds, we see no need to de ..... X X X X Extracts X X X X X X X X Extracts X X X X
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