9911796707
TMI Blog2015 (12) TMI 1714X X X X Extracts X X X X X X X X Extracts X X X X ..... 194C of the Act @ 2% out of crane hire charges. The assessee had deducted the said tax at source @ 2%, hence, there is no default attributable to the assessee in this regard. - Decided against revenue - ITA No. 1027/PN/2014 - - - Dated:- 17-12-2015 - Pradip Kumar Kedia (Accountant Member) And Sushma Chowla (Judicial Member) For the Appellant : Pankaj Garg For the Respondent : C. H. Naniwadekar ORDER Sushma Chowla (Judicial Member) This appeal filed by the Revenue is against the order of CIT(A)-V, Pune, dated 12.02.2014 relating to assessment year 2007-08 against order passed under section 201(1) 201(1A) of the Income-tax Act, 1961 (in short the Act ). 2. The Revenue has raised the following grounds of appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... short deduction/non-deduction. Consequent to which, show cause notice was issued to the assessee. The assessee was given show cause notice for short deduction under section 194J of the Act out of professional charges and inspection charges. The assessee failed to file an explanation, despite several opportunities being given. Besides the issue of short deduction, the Assessing Officer noted that there was issue of non-payment of tax deducted at source and also non-deduction of tax out of crane hire charges. In view thereof, the Assessing Officer held the assessee liable for tax under section 201(1) and interest under section 201(1A) of the Act for financial years 2006-07 and 2007-08. The Assessing Officer raised the demand under section 201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The Revenue is in appeal against the order of CIT(A). 7. We have heard the rival contentions and perused the record. The issue arising in the present appeal is squarely covered by the order of Tribunal in Bharat Forge Ltd. Vs. Addl.CIT (supra). The issue arising before us is whether the provisions of section 194C of the Act are to be applied to the crane services paid by the assessee or the amended provisions of section 194I of the Act are to be applied. The said amendment came into effect from 13.07.2006, under which the definition of rent was amended to include the rent on plant as defined in section 43(3) of the Act. The year under appeal is financial year 2006-07 i.e. up to 31.03.2006, hence, the amended provisions of section 194I a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
