right to use of any
demarcated space provisions of Section 194I will not apply.
4. For that the appellant reserves its right to add further ... confirming the disallowance of expenditure for non-deduction of TDS
u/s 194I of the Act paid on account of rent to Kolkata Port Trust
violation of
provisions of section 194I by the Assessing Officer and upheld by the
CIT(A) is the only issue raised in the grounds ... park.
Therefore, the assessee company was liable to deduct tax u/s.194I of
the Act. Since the assessee has failed
making disallowance under section 40(a)(ia) read with Section
194I of the Act account of non-deduction of tax at source on lease line
194C at the
194C, as against Section rate of 8%.
194I.
4 Deduction of tax at source Short deduction ... obligation was cast upon it to deduct tax at source u/s. 194I . It
was submitted by the assessee before the CIT(A) that
payment cov ered by section 194I
and that it s ince the funds were not i n control of the Appel lant and
amount deducted ... whether
the Appel lant is liable for TDS under section 194I on the de ducti on of
'Rent' by the AAI from
claim of the assessee that no tax was
deductible under section 194I from the payment made by the assessee
to MMRDA for acquisition ... amount of tax which has not been deducted under section 194I
from the payment made to MMRDA and levying interest under section
deducted u/s 194C of IT Act as against u/s 194I of the IT Act being
trucks/vehicles given on hire ... case of the assessee falls u/s
194C or u/s 194I of the Act. W ith these observations, adverting now
to ground
confirming the
disallowance on hire charges u/s. 194I of the Income-tax Act, 1961 (hereinafter referred to
as the "Act") whereas ... after giving notice to the assessee as to why sec. 194I of the
Act should not be attracted in place of sec. 194C
have erred in law and in facts
while applying provisions of Section 194I of the I.T. Act,
instead of Section 194C on certain payments
even for
argument and without admitting that if at all sec.194I has a role to play even then ... account of failure to
deduct TDS on hire charges u/s.194I of the Act, and further, disallowance
of expenses
