ready reference,
provisions of section 194C(6) and Explanation-(ii) below section
194C(7) , provisions of section 44AE {1) and Explanation below
section 44AE ... applicable to
both sections i.e. section 194C and 44 AE, clause (b) is applicable onl y to
section 44AE, since for the benefit
sec.194C(6).
The Assessing Officer has observed that sec.194C(6)
applies only to those transport operators to whom
sec.44AE applies, that ... been
imported into sec.194C(6) does not mean that
sec.194C(6) applies only to those persons to whom
sec.44AE applies.
4.10. Even
income therefrom had been declared on
estimate basis under Section 44AE of the Income Tax Act (for short
the 'Act'). The remaining ... receipts from the trucks were declared on
estimate basis under Section 44AE . On the other hand, huge
.
expenses of `1,18,82,601/- were debited
income therefrom had been declared on
estimate basis under Section 44AE of the Income Tax Act (for short
the 'Act'). The remaining ... receipts from the trucks were declared on
estimate basis under Section 44AE . On the other hand, huge
.
expenses of `1,18,82,601/- were debited
inability to
furnish such details the AO applying the provisions of section 44AE
determined the income from truck hire charges ... vouchers and bills, the AO has correctly
applied the provision of section 44AE .
3. On the fact and circumstances of the case
that income from Tanker shown is
assessable as per provision of section 44AE of the
Income Tax Act, 1961 and income shown by the
assessee ... Tanker is on higher side than what
is assessable as per section 44AE .
6. That, the appellant, craves leave to add or amend
the grounds
sand business of Rs. 1 lakh on presumptive basis u/s 44AE and 44AF
of the Act. The case was selected for scrutiny and notices ... instead of resorting to declare only the presumptive income as per
section 44AE . This aspect was already verified by the AO.
4.2 Ld. AR also
rate was
applied by the assessee as per the provisions of section
44AE of the Income Tax Act then no further addition should
have been ... 44AE of the Act. As per the provisions of section 44AE , this
much income is taxable even if the assessee does not maintain books
computing income
from 4 (four) vehicles under section 44AE(7) without
cogent reasons and without giving findings that the
assessee had only declared his total ... books of account and get them audited
under section 44AB , as laid down in section 44AE(7) . The amount
this manner, total income as per
9
section 44AE was worked out at Rs.26,000/- but the assessee disclosed the
income ... assessee has
disclosed income from trucks under the provisions of section 44AE of the
10
Act. Learned CIT(A) has decided the issue
