Disallowance u/s40a(ia)

This query is : Open

Querist : Anonymous

Querist : Anonymous (Querist)

06 November 2011 For AY 2009/10 assessee (transport contractor) Engaged truck operators owning less than 2 trucks, obtained Form15I from them but failed to file Form15J by 30-6-2009.Ao during asst proceedings wants to disallow payments to thes truck operators u/s40a(ia) saying that provisions of TDS chapter have not been complied Is he justified? Are there any caselaws to the contrary? Can form15j be filed with commmissioner now &condonation obtained?

CA PARAS BAFNA

CA PARAS BAFNA (Expert)
Follow

06 November 2011 The income of the sub-contractor owning not more than 2 trucks is not going to be taxable in the per-view of Section 44AE. As such there was no loss to the revenue.

By taking this plea -a suitable explanation can be drafted and request for allowing the expenditure may be made.

Message likes : 1 times

CA MANOJ GUPTA

CA MANOJ GUPTA (Expert)
Follow

07 November 2011 pL SEE THE ITAT JUDGMENT IN VALIBHAI KHANBHAI MANKAD (AHD) (TRIB) WHICH IS IN FAVOUR

CA MANOJ GUPTA
JODHPUR
09828510543

Message likes : 1 times

Querist : Anonymous

Querist : Anonymous (Querist)

08 November 2011 CAN YOU PLEASE GIVE CITATION WHERE THE CASE VALIBHAI MANKAD HAS BEEN CITED,WHICH ITR OR TAXMANN ISSUE ETC AS I DID NOT GET THE CASE LAW

You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now

Similar Resolved Queries

Unanswered Queries

Popular
Recent

Trending Online Classes

Direct Tax Laws & International Taxation May 26,Sept 26 & Jan 27

CA Arvind Tuli

Enroll Now
Audit Fast Track Recorded Batch For May 26,Sept 26 & Jan 27

CA Aarti Lahoti

Enroll Now
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English

CA Bhanwar Borana & CA Shubham Keswani

Enroll Now

view all classess

Meet our CAclubindia PRO Members

shobi H

P.S.Satya narayana

SARAVANAN PALANISAMY

tsrandcompany@gmail.com

nandeesh mashyal

Subscribe Now

Disallowance u/s40a(ia)

Similar Resolved Queries

Trending Online Classes

Meet our CAclubindia PRO Members

Quick Links

Browse by Category

Latest Job Openings

GST CONSULTANCY

GST CONSULTANT

Accountant

Manager- Finance and Compliance

Senior Executive

CA Final