Dermott
International Inc (in short `MII') as the Sub-Contractor in execution
of this work by a back to back contract to the full ... clause 13.2.7 thereof to take care of the
obligations of the Sub-Contractor.
4. The two arbitrators appointed by the appellant and the
respondent differed
sub-
contractor who fails to discharge his liability. Further, Section 42 of the
Act stipulates joint and several liability of the contractor and sub-
contractor ... sub-
contractor.
(2) If the contractor proves to the satisfaction of the
assessing authority that the tax has been paid by the
sub-contractor
this
sub-section on the turnover relating to amounts paid to a sub-
contractor as consideration for the execution of works contract
whether wholly ... under clause (d) of this sub-section on the
turnover relating to the consideration received as a sub-contractor if the
main contractor opted
deduct
income-tax under this sub-section.
Explanation I.- For the purposes of sub-section (2), the
expression “contractor” shall also include a contractor ... contract between the contractor and a co-
operative society or in pursuance of a contract between such
contractor and the sub-contractor in relation
contractors and sub-contractors. The said section, so far as relevant, reads as follows :
"S. 194C. Payments to contractors and sub-contractors ... contract between the contractor and a co-operative society or in pursuance of a contract between such contractor and the sub-contractor in relation
carry out certain building work. The Contractor frequently Sub-contracts parts of the work to Sub-Contractors. A Sub-Contractor has no cause of action ... RITES was the project management Contractor for the TMC and the first respondent-Contractor was virtually a Sub-Contractor for the RITES. There
element of sale and that the revised assessment of sub-contractor-MII did show that it could not be an assessment under the provisions ... learned senior counsel was that the revised assessment of MII-sub-contractor was under circular of July 1987 after the option was exercised
contract between the contractor and a co-operative society or in pursuance of a contract between such contractor and the sub-contractor in relation ... contractor for the co-operative society.
(4) Where the Assessing Officer is satisfied that the total income of the contractor or the sub-contractor justifies
hands of the Assessee on the ground that 14
of the Sub Contractors to whom the sub contracts were assigned by
the Respondent/Assessee/ Contractor ... failed to prove the identity,
credibility and genuineness of the sub contractors?
(ii) Whether the Tribunal was right in not
appreciating the findings
payments to contractors and sub-contractors. It reads as follows:
"194C. Payments to contractors and sub-contractors.--(1) Any person responsible for paying ... contract between the contractor and a co-operative society or in pursuance of a contract between such contractor and the sub-contractor in relation
