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
year under consideration, the assessee has given sub contract
worth Rs. 84,81,885/- to nine sub-contractors. The assessee has offered the profit ... sub contract work given by the assessee.
Even otherwise, applying the same rate of 4.5% of profit to the sub contractor than
the balance profit
reproduced below:-
[Payments to contractors and sub-contractors.
194C.[(1) Any person responsible for paying any sum to any
resident (hereinafter in this section referred ... resident (hereafter in this section referred to
as the sub-contractor) in pursuance of a contract with the
sub-contractor for carrying
assessee informed that the above two works were sub-let to
a sub-contractor, since the assessee was not ready to carry out these works ... works, as a result, it
preferred to sub-let the contracts to another sub-contractor on
'no profit no loss' terms
comprised therein. Likewise, sub-section (2)
of section 194C required a person responsible for
paying any sum to resident-sub-contractor to deduct ... contract
between the contractor and a cooperative society or
in pursuance of a contract between such contractor
and the sub-contractor in relation
assessee is a contractor, sub
contractor is one who takes portion of contract from principal
contractor or another subcontract.
3.4 In view ... contractor during the course of execution of the
work. In the present case, such vital requirement of
relationship of a contractor and subcontractor between
contractors.
11)
To reiterate, for application of section 194C(2) of the Act what was
necessary was a relationship between the contractor and
sub-contractor ... contractor during the course of execution of the work. In the present
case, such vital requirement of relationship of a contractor and
sub-contractor between
crores of the
work in turn sub-contracted by an Agreement, dated 7.11.2007 to
MEIL (Sub Contractor) for execution of the work by retaining ... hands of the Lead Contractor
which fact is reflected and is borne out of assessment records of
the Lead Contractor/sub-contractor. The learned
deduct income-tax under this sub-section.
Explanation I.- For the purposes of sub-section (2), the expression
"contractor" shall also include ... contract between the
contractor and a cooperative society or in pursuance
of a contract between such contractor and the sub-
contractor in relation
contractor for carrying out the
whole or any part of the work undertaken by the contractor or for supply
of labour undertaken by the contractor ... contractor (B) the contract must be for supply of labour or for carrying out
any work (c) contractor must have engaged a sub contractor
