[aurangabad_ca] CASE LAW REQUIRED : Section 40a(ia) read with section 194C
Dear Professional Colleagues,
In one of my clients case goods were purchased on FOR basis. The seller while issuing the invoice mentioned the value of goods and then added freight in that amount. The seller has deducted tax from the transporter. As there was no contract between my client and the transporter no tax was deducted. However the AO during the course of assessment has taken the view that there was a sub contract between the purchaser and the seller and therefore tax should have been deducted thereon. Resultantly an addition was made u/s 40a (ia). I shall be obliged if you could give your esteemed opinion coupled with some case laws.
Thanks
CA R K PAHWA
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AURANGABAD_CA is a Yahoo Group for the benefit of CA and other professional. It is especially meant for written discussion within group members and circulate the information among its members. The mail may contain such research/advice/opinion/information/fact provided by any member or moderator and every contain of the mail or information of yahoo is always subject to the Accuracy and of the description of facts.
The Aurangabad_CA , its moderator/owner do not claim that contains in mail/information obtained after reading as a complete and accurate disclosure of relevant fact(s).
Considering all above facts m the transaction based on above mail may not complete without confirming proper statue/authority/person. Therefore any action/transaction taken on basis of this mail do not imply the accuracy or value . Further this Group's Owner/Moderator/Member are not liable for any damages or costs suffered due to action/transaction based on information on this Yahoo Group.
For Seeking any Clarification you may mail only to Group Moderator on
girishkulk@gmail.com
.
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