agreement it was open to Sumitomo to engage the services of the subcontractor and accordingly
subcontract is said to have been entered into between Sumitomo ... view of the Income Tax Authorities, MII (subcontractor) was liable to pay income tax and accordingly passed revised assessment orders. MII preferred appeals against
information provided in the Bid submitted by the Bidder and its
subcontractors for the Project for Construction of Mumbai-Ahmedabad
High Speed Rail, name ... knowledge and belief; and
(ii) the Bidder or any of its subcontractors has not, directly or indirectly,
taken any action which is or constitutes
joint deed of undertaking
(as per Annexure-B) from the proposed subcontractor and
Contractor for joint and several responsibility of execution of
work sub-contracted ... submission of Performance Guarantee @5% from
the approved subcontractor for the value of work sublet to the
sub-contractor along with Joint Deed of Undertaking
such sub-contracts being the Indian project, the payments made to the subcontractors were clearly attributable to the execution of project by the assessee ... deducted by the assessee therefrom. The terms of contracts with the subcontractors also could not be filed/furnished by the assessee before the assessing officer
Letter
of Application. The qualifications, capacity and
resources of proposed subcontractors will not be
taken into account in determining the Applicant's
compliance with ... taken
into consideration various works completed by the said respondent as
subcontractor whereas according to the terms of the contract, work
completed as subcontractor shall
undertaking various
works. The sub contractors include -
DESCRIPTION OF WORK NAME OF SUBCONTRACTOR
A. Engineering Consultant M/s. Soros Associates Inc. (USA)
i) Civil Work ... personnel were actually executing
the project which was the responsibility of the
subcontractor.
4.3.1 At a macro level the position is that the parent company
confirmed the addition of
Rs.8,25,910/- for payments made to subcontractors, and therefore, the
said unlawful and unjustified addition be kindly deleted.
Assessee ... confirmed the addition of
Rs.22,23,093/- for payments made to subcontractors, and therefore, the
said unlawful and unjustified addition be kindly deleted.
Assessee
wherein at para number 5.6, it was stated that
upon expiry of subcontractors guarantee obligation
as set out in article 2.4 , thereof contractor shall
issue ... final completion certificate releasing
subcontractor from its guarantee obligation under
the subcontract is submitted, this information is
also not provided by the assessee
account of the payment made to the
subcontractor.
12. The assessee during the year has made certain payments to the
subcontractors for the execution ... under:
i. It does not have regular dealing with the subcontractors
described above. As such some work was assigned to them on a
sub-contract
deduct tax at source.
Such other person is termed as a subcontractor in section 194C
(2).The way section 194C (2) is worded, Shri ... Prajapati and Shri
V. B. Prajapati automatically become subcontractors, being residents
receiving payments from a contractor in pursuance of a works
contract. Moreover
