2016 (7) TMI 113

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..... t of TDS on equipments higher charges did not arise. As the requirement of deducting tax at source for such charges arose only after the amendment post 01.06.2005, we have no hesitation in upholding the judgement of the Tribunal - in favour of assessee
MR. AKIL KURESHI AND MR. A.J. SHASTRI, JJ. FOR THE APPELLANT : MRS MAUNA M BHATT, ADVOCATE FOR THE OPPONENT : MR B S SOPARKAR, ADVOCATE ORAL .....

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..... e had not deducted tax at source in terms of Section 194C of the Income Tax Act, 1961 ['the Act' for short]. It appears that during the assessment proceedings, the assessee failed to respond to such queries, upon which, the Assessing Officer held that the assessee had violated Section 194C of the Act. He, therefore, levied tax including interest under Section 201 of the Act on such charges .....

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..... ful consideration of the same we are in agreement with the learned CIT(A) that provisions of section 194C is not attracted in respect of equipments hiring charges. In the instant case assessee has hired certain equipments like earth movers, dumpers, JCBs. Loader machines, mixture machines, cutter-miller, road rollers etc. from three parties and paid the hire charges. These payments do not fall wit .....

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..... charges is also assessed to income tax and has showed hire charges in its return and paid tax on the same. So payment of hire charges pertaining to temporary possession and use of the property other than money for payment of compensation and later agrees to return the property after the expiry of the agreed period would not attract provisions of section 194C of the Act. During the course of heari .....

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..... arges by making payments to transport companies. We must, therefore, proceed on the basis of these factual findings which the Revenue has also not challenged before us. Thus, coupled with the fact that the requirement of deducting tax at source for such charges arose only after the amendment post 01.06.2005, we have no hesitation in upholding the judgement of the Tribunal. The question is, therefo .....

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