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TMI Blog2017 (12) TMI 1419X X X X Extracts X X X X X X X X Extracts X X X X ..... o the effect that there was nothing on record to indicate that there were any labour contractors with whom any contract had been entered by the assessee. The Tribunal was of the view that section 194C of the Act pre-supposes the existence of payer and payee and that in the facts of the present case the identity of the payee was not established at all. Section 194C envisages deduction of tax at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eferred to as the Tribunal ) in I.T.A. No.421/Rjt/ 2015 by proposing the following question, stated to be a substantial question of law: Whether the Appellate Tribunal has erred in law and on facts in deleting the addition made under section 201(1) of ₹ 36,25,103/- and interest under section 201(1)(a) of ₹ 13,05,037/-? 2. The assessment year is 2012-13 and the relevant accoun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for this default of non deduction of tax, penalty was levied under section 271C of the Act. 3. The assessee carried the matter in appeal before the Commissioner of Income Tax (Appeals), Rajkot, who by order dated 16.2.2017 allowed the appeal. The revenue carried the matter in appeal before the Tribunal, but failed. 4. Mrs. Mauna Bhatt, learned senior standing counsel, assailed the impugned o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he time of credit of such sum to the account of the contractor or at the time of payment thereof in cash or by issue of a cheque or draft or any other mode, whichever is earlier, deduct an amount as prescribed therein. Thus, the section envisages deduction of tax at source in pursuance of a contract between the contractor and a specified person. In the facts of the present case, there is a concurr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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