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TMI Blog2020 (1) TMI 148X X X X Extracts X X X X X X X X Extracts X X X X ..... provisions of sub-section(6) to section 194C was that the legislature in its wisdom wanted to give relaxation of this provision only in a case where the contractor owns ten or less goods carriage at any time during the previous year and furnishes a declaration to that effect alongwith his Permanent Account Number, to the person paying or crediting such sum on which TDS u/s.194C was required to be made. The present case under consideration is pertaining to payment of amount to contractor by the assessee relates to assessment year 2011-12 and I am unable to agree with the contention of ld D.R. that the amended sub-section(6) of Section 194C can be placed into service against the assessee for assessment year 2012-12 as it is ample clear fr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2011-12. Therefore, amended provision of sub-section(6) of Section 194C of the Act cannot be applied retrospectively for making addition. Ld A.R. submitted that since the amended provision is applicable from 1.6.2015 i.e. from financial year 2015-16 relevant to assessment year 2016-17 onwards, therefore, the findings of the CIT(A) in para 3.2 of the order are not sustainable. Hence, the AO may kindly be directed to delete the addition. 4. Replying to above, ld D.R. submitted that in pursuance to the order of Pr. CIT, Bhubaneswar u/s.263 of the Act dated 14.3.2016, the AO was directed to frame denovo assessment order and in pursuance thereto, the Assessing Officer passed reassessment order u/s.263/143(3) on 23.12.2016. Ld D.R. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... person paying or crediting such sum on which TDS u/s.194C was required to be made. 6. In my humble understanding, the present case under consideration is pertaining to payment of amount to contractor by the assessee relates to assessment year 2011-12 and I am unable to agree with the contention of ld D.R. that the amended sub-section(6) of Section 194C can be placed into service against the assessee for assessment year 2012-12 as it is ample clear from the Finance Act, 2015 that said amended provisions has been given effect from 1.6.2015 which falls within the ambit of financial year 2015-16. I therefore, hold that the basis taken by the AO and conclusion drawn by the CIT(A) in para 3.2 in his order cannot be held as sustai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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