assigned to it in the
explanation to sub-section (7) of section 44AE."
The AO noticed that the provisions of sec.44AE ... more than ten goods carriage during the relevant previous year.
Since section 44AE is referred to in sec.194C
directing the assessing
officer to compute the taxable income under section 44AE
of the Act considering the nature of assessees business.
The assessee rely ... contended before us that though the provision of
presumptive taxation u/s.44AE of the Act are not strictly applicable to the
assessee, guidance
revised return the
assessee has disclosed income on presumptive basis under
section 44AE of the Act at Rs.9,00,000/- and accordingly asked ... income whereof was offered to tax on presumptive
basis under section 44AE. The assessee submitted before the
AO that income was offered to tax under
declared an income of Rs. 1,25,000/-
under section 44AE of the Act. The assessee during the year has
deposited certain sum of money ... assessee was eligible for filing the return of income
under section 44AE of the Act, she was not under the obligation
to maintain the requisite
which comprises of
Income from Business under sections 44AD and 44AE of Income Tax Act.
and declared income under 44AD to the tune ... 44AD of Rs.65,776/- and income from heavy
vehicle under section 44AE to the tune of Rs. 60,000/- so it comes
fact that the assessee had
offered income from lorries u/s. 44AE on presumptive basis and that he
is not legally required to maintain regular ... that the income
was offered to tax under presumptive provisions u/s.44AE of the Act and
therefore no addition can be made.
4. Being
fact that if an assessee has shown his
income u/s 44AE of The Income Tax Act, 1961 which
stipulates tax on presumptive income, which ... relying on the grounds submitted
that the assessee offered income under section 44AE of the Act
and hence no addition can be made even
194C (6) , 194C(7) and 201(1A) read with provisions of Section 44AE of
the Act.
4. The deductor assessed is a partnership concern engaged ... been amended to exempt payments to
transport operators (as defined in section 44AE ) from the purview of TDS.
However, this would only apply in cases
assessee had already shown the income of plying the trucks
u/s 44AE hence addition of Rs.1,35,000/- made on the basis ... that
the assessee has declared income from truck hiring business U/s 44AE
of the Act. The relevant provisions application for the year under
consideration
disallow 6%
of the expenditure without estimating the income U/s. 44AE of
the Act.
(ii) The Ld. CIT (A) has erred in confirming ... disallow 6% of the expenditure without estimating the income
U/s. 44AE of the Act.
(ii) The Ld. CIT (A) has erred in confirming
