section (6) of Section 194C of
the Act. It was explained that reference to Explanation to sub section (7) of
section 44AE in section 194C ... ready reference, provisions of section
194C(6) and Explanation-(ii) below section 194C(7) ,
provisions of section 44AE {1) and Explanation below section
44AE
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 only to section
44AE, since for the benefit of presumptive
directing the Assessing Officer to comspuct
Income from Truck Plying under section 44AE of the I.T. Act, 1961,
whereas the assessee has filed ... estimated, it should have been made as per provisions of sec. 44AE and
not otherwise. Therefore, the Id. Counsel for the appellant vehemently argued that
commercial transport operator
and is entitled to presumptive taxation under section 44AE of the Act. However,
while filing Income Tax return, due to apparent software ... error, option of assessment
under section 44AE was not shown to have been exercised by the assessee.
Accordingly, the Assessing Officer computed the income
following directions.
"9 Now, it is the specific requirement of section 44AE that for the said
section to become applicable, the ownership ... provisions of Section 44AE of the Act which are reproduced below.
"44AE. (1) Notwithstanding anything to the contrary contained in section
plying of truck as
determined by applying the provisions of section 44AE ... added to her total income as per the provisions of section
44AE at Rs.3,500/- per month, i.e. Rs.42,000/-. Since
misguided himself in not holding that the provisions of section
44AE are not applicable in absence of any finding that the Oil Tanker has been ... provision of sections 30 to 38 of the
Act could be allowed as laid down in the provision of section 44AE
assessee was more than the profit as
required under section 44AE of the Act. The Assessing Officer initiated
penalty under section 271B for non-compliance ... more than the amount estimated under the
presumptive scheme under section 44AE of the Act in respect of
business of plying trucks. The learned Authorized
made to big
transporters who are out of the purview of section 44AE?
7.
.
7. Whether on the facts and circumstances of the case ... existing provisions of sub section (6) of section 194C
of the Act on furnishing of PAN.
6.6 Therefore, the section has been proposed
month for per truck by applying
section 44AE of the Act, which was worked out to Rs.84,000/-.
4. In the first appeal ... addition to income assessed on account of truck plying
business under section 44AE of the Act.
5. Aggrieved by the order
