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TMI Blog2015 (12) TMI 1568X X X X Extracts X X X X X X X X Extracts X X X X ..... equirement by the payee may result into some other adverse consequences if so provided under the Act. However, fulfilment of such requirement cannot be linked to the declaration of tax at source. Any such failure therefore cannot be visualized by adverse consequences provided under section 40(a)(ia) of the Act - Decided in favour of assessee. - ITA No. 6191/Mum/2013 - - - Dated:- 9-12-2015 - Sandeep Gosain (Judicial Member) And R. C. Sharma (Accountant Member) For the Assessee : B. V. Jhaveri For the Revenue : Aarsi Prasad ORDER R. C. Sharma (Accountant Member) This is an appeal filed by the assessee against the order of CIT(A), Mumbai, dated 10-9-2013, for the assessment year 2009-2010. 2. In this appeal, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deduction under sub-section (2) shall be made from the amount of any sum credited or paid or likely to be credited or paid to the subcontractor during the course of business of plying, hiring or leasing goods carriages, on production of a declaration to the person concerned paying or crediting such sum in the prescribed form and verified it in the prescribed manner within the time as may be prescribed, if such sub- contractor is an individual who has not owned more than two goods carriages at any time during the previous year. 7. The exclusion provided in sub-section (3) of section 194C from the liability to deduct tax at source under sub-section (2) would thus be complete the moment the requirements contained therein are satisfied. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... comply such requirement by the payee may result into some other adverse consequences if so provided under the Act. However, fulfilment of such requirement cannot be linked to the declaration of tax at source. Any such failure therefore cannot be visualized by adverse consequences provided under section 40(a)(ia) of the Act. 5. The issue is also covered by the decision of the Karnataka High Court in the case of CIT vs. Sri Marikamba Transport Co. (57 taxman.com 273). 4. The combined reading of these two provisions make it clear that if there is any breach of requirements of Section 194C(3), the question of applicability of Section 40(a)(ia) arises. The exclusion provided in Sub-section of Section 194C from the liability to deduct t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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