My friend is in Crane Business and he has receive notice from Income tax Officer for F.Y.2012-13 regarding non-filing of ITR. i want to know whether he is covered under Sec 44AE and claim income as per this sec.
suleman
(Student CA Final )
(38 Points)
Replied 27 October 2015
they used to undertake various works of companies in which crane is required.
Miss Rinkal
(Student)
(1304 Points)
Replied 27 October 2015
No it is to be applied to those business which has the business of plying / hiring or leasing of goods carriages. And not where an asset is just used to perform a work. Here it seems that the asset is put to use to carry on a business and not a business of hiring goods carriages
Hence 44AE cannot be applied
vasanth konanki
(CMA)
(26 Points)
Replied 31 August 2016
Since Crane means "A crane is a type of machine, generally equipped with a hoist rope, wire ropes or chains, and sheaves, that can be used both to lift and lower materials and to move them horizontally. It is mainly used for lifting heavy things and transporting them to other places. It uses one or more simple machines to create mechanical advantage and thus move loads beyond the normal capability of a human. Cranes are commonly employed in the transport industry for the loading and unloading of freight, in the construction industry for the movement of materials and in the manufacturing industry for the assembling of heavy equipment."
44AE is applied to those business which has the business of plying / hiring or leasing of goods carriages. And not where an asset is just used to perform a work. Here it seems that the asset is put to use to carry on a business and not a business of hiring goods carriages.
However in case the crane is leased or rented to the companies/others for a fixed period then those income would be covered under section 44AE.
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