Latest Expert Exchange Queries

GST Demo Service software link: https://ims.go2customer.com
Username: demouser Password: demopass
Get your inventory and invoicing software GST Ready from Binarysoft info@binarysoft.com
sitemapHome | Registration | Job Portal for CA's | Expert Exchange | Currency Converter | Post Matrimonial Ads | Post Property Ads
 
 
News shortcuts: From the Courts | News Headlines | VAT (Value Added Tax) | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing | GST - Goods and Services Tax
 
 
 
 
Popular Search: Central Excise rule to resale the machines to a new company :: empanelment :: articles on VAT and GST in India :: TAX RATES - GOODS TAXABLE @ 4% :: cpt :: ACCOUNTING STANDARD :: list of goods taxed at 4% :: TDS :: ACCOUNTING STANDARDS :: due date for vat payment :: ARTICLES ON INPUT TAX CREDIT IN VAT :: ICAI offer Get Windows 7,Office 2010 in Rs.799 Taxes :: VAT RATES :: form 3cd :: VAT Audit
 
 
ITAT-Constitution of Benches »
 Income Tax Appellate Tribunal Bangalore Benches , BangaloreRevised Constitution for the week from 20/11/2017 To 24/11/2017
 Income Tax Appellate Tribunal Ahmedabad Benches , Ahmedabad S/shri Kul Bharat, JM & Manish Borad, AM Causelist For Bench 'A' 20/11/2017
 Income Tax Appellate Tribunal, Pune Benches, Pune. Causelist For Bench 'A' For The Ending 24.11.17
 Income Tax Appellate Tribunal, Hyderabad Benches, Hyderabad. Cause List Of Cases Posted Before B-Bench (Db & Smc) - 20.11.17 To 24.11.17
 Income Tax Appellate Tribunal Ahmedabad Benches , Ahmedabad S/shri Kul Bharat, Jm & Manish Borad, Am Causelist For Bench 'A'
 Income Tax Appellate Tribunal, Hyderabad Benches, Hyderabad. Cause List Of Cases Posted Before A-Bench (Db) - 20.11.17 To 24.11.2017
 Income Tax Appellate Tribunal : Kolkata Benches : Kolkata List Of Orders Ready For Pronouncement On 17 .11.2017.
 Income Tax Appellate Tribunal Mumbai Benches, Mumbai Consolidated Cause list of SA/MA/Pronouncement for Friday 17/11/2017
 IncomTax Appellate Tribunal: Bangalore Benches : Bangalore Constitution of Kolkata Benches From 13/11/2017 To 17/11/2017
 IncomTax Appellate Tribunal: Kolkata Benches : Kolkata Constitution of Kolkata Benches From 27/11/2017 To 30/11/2017
 Income Tax Appellate Tribunal, Bangalore Benches, Bangalore. Constitution for the week from 13.11.17 To 17.11.17

ITO vs. M/s MGB Transport (ITAT Kolkata)
March, 29th 2013

S. 40(a)(ia) TDS: Special Bench verdict binding despite suspension by High Court

The assessee paid dumper hire charges of Rs. 36.37 lakhs and claimed it as a deduction. The AO disallowed the claim u/s 40(a)(ia) on the ground that the assessee had not deducted TDS thereon u/s 194C. Before the Tribunal, the assessee argued that it was not liable to deduct TDS u/s 194C as there was only no “contractual agreement”. In the alternative, it was argued that in accordance with the Special Bench judgement in Merilyn Shipping 136 ITD 23 (SB), the disallowance u/s 40(a)(ia) had to be confined to the amounts “payable” as at the end of the year and it did not apply to the amounts already paid during the year. The assessee also argued that though the Andhra Pradesh High Court had granted an “interim suspension” against the said judgement of the Special Bench, it was still binding. HELD by the Tribunal:

The argument that s. 194C does not apply in the absence of a written contractual agreement is not acceptable. Even a verbal contract is sufficient. As regards the judgement of the Special Bench in Merilyn Shipping 136 ITD 23 (SB) where the view was taken that s. 40(a)(ia) can apply only to the amounts remaining payable as at the end of the year and not to the amounts paid during the year, though the Andhra Pradesh High Court has granted “interim suspension” of the said judgement, the said stay/ suspension applies only to the parties to that proceeding and does not destroy the binding effect of the judgement of the Special Bench. There is a difference between “stay of operation” of an order and “quashing of an order”. While, in the case of a “quashing”, the order of the lower court ceases to exist, in the case of a “stay”, the order of the lower court continues to operate and have binding effect. Accordingly, the judgement of the Special Bench in Merilyn Shipping still holds ground and the TDS provisions will apply, for purposes of invocation of s. 40(a)(ia), only on the amounts remaining payable at the end of the year and not on the amounts paid (Shree Chamund Mopeds Ltd. vs. Church of South India Trust Association AIR 1992 SC 1439, 1444 & Pijush Kanti Chowdhury vs. State of West Bengal 2007 (3) CHN 178 followed).

 
 
Home | About Us | Terms and Conditions | Contact Us
Copyright 2017 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Software Development Software Programming Software Engineering Custom Software Development Requirement Based Software Development Software Solutions Software Serv

Transfer Pricing | International Taxation | Business Consulting | Corporate Compliance and Consulting | Assurance and Risk Advisory | Indirect Taxes | Direct Taxes | Transaction Advisory | Regular Compliance and Reporting | Tax Assessments | International Taxation Advisory | Capital Structuring | Withholding tax advisory | Expatriate Tax Reporting | Litigation | Badges | Club Badges | Seals | Military Insignias | Emblems | Family Crest | Software Development India | Software Development Company | SEO Company | Web Application Development | MLM Software | MLM Solutions