Monday, 2 December 2013

S.194C is not applicable while making payment is respect of purchase of standardized materials available in market:

AO made disallowance u/s 40(a)(ia) since he was of the view that the assessee had not deducted tax u/s 194C while making payments in respect of packing materials. Hon’ble ITAT found that the concerned payment was in respect of purchase of plastic trays, cups, spoon and plastic dishes, etc. and the said items did not carry the logo of the assesse. Further, the said purchases were of the standardized materials available in the market. It was thus held that such purchases cannot be considered as being a case of contract which would require deduction of tax u/s 194C. Consequentially, disallowance u/s 40(a)(ia) was deleted.

[RASRANJAN FOOD PRODUCTS PVT. LTD. Vs. ITO – ITA No.1794/Ahd/2010 & CO No.188/Ahd/2010]

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