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2016 (12) TMI 807

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..... goods under the name and style of his proprietary concern M/s. V.K. Textile. The return of income for the year under consideration was filed by him declaring total income of Rs. 2,33,320/-. During the course of assessment proceedings, it was noticed by the Assessing Officer that the assessee has made total payments of Rs. 6,01,300/- on account of making charges to three parties, Rs. 3,98,951/- on account of dyeing charges to two parties and Rs. 3,31,591/- against knitting charges to three parties. According to the Assessing Officer, the assessee was required to deduct tax at source under section 194C from all these payments made to the different parties and since there was failure on the part of the assessee to do so, he invoked the provisi .....

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..... sought to be contended by the ld. counsel for the assessee. It is thus a case of works contract to which provisions of section 194C are clearly applicable and since there was a failure on the part of the assessee to deduct tax at source from the payments in question made towards works contract as required by the provisions of section 194C. I am of the view that the disallowance made by the Assessing Officer under section 40(a)(ia) and confirmed by the ld. CIT(Appeals) is fully sustainable. I, therefore, find no merit in Ground No. 1 raised by the assessee and dismiss the same. 5. The issue raised in Ground No. 2 relates to the disallowance of Rs. 7,458/- made by the Assessing Officer and confirmed by the ld. CIT(Appeals) out of various exp .....

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..... und No. 2 of the assessee's appeal. 8. The issue raised in Ground No. 3 relates to the disallowance of assessee's claim made by the Assessing Officer and confirmed by the ld. CIT(Appeals) on account of depreciation on Television Set. 9. The depreciation claimed by the assessee on television set on the ground that the relevant television set was business asset being installed in his office was disallowed by the Assessing Officer in the assessment for the reason that the same was not supported by any documentary evidence. On appeal, the ld. CIT(Appeals) confirmed the disallowance made by the Assessing Officer on this issue after having found that there were not many workers and employees employed by the assessee going by the fact th .....

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..... the assessee to his wife free of interest. In this regard, it was explained by the assessee that the amount of Rs. 5,00,000/- was advanced by him to his wife, Proprietor of M/s. Rupali Hosiery, for the purpose of his business. It was also claimed by the assessee that he had sufficient funds of his own in the form of capital reserves at the relevant time to give the advance of Rs. 5,00,000/- to his wife. This case of the assessee, however, was not found acceptable by the Assessing Officer and he proceeded to disallow the claim of the assessee for interest to the extent of Rs. 90,338/- as attributable to the advance of Rs. 5,00,000/- given by the assessee to his wife. On appeal, the ld. CIT(Appeals) dismissed the relevant ground raised by th .....

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