highcourt judgemnt in respect to 271(1)(c)

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sridhar (Querist)
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24 March 2009
We regularly send goods through a lorry
trasnportor and pay freight Rs80000/-, we have not any type of contract, Whether we shall deduct TDS?

CA.GANESH K.SHETTY

CA.GANESH K.SHETTY (Querist)
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24 March 2009 I would like to submit the copy of judgment in cae of CIT V. Rajiv Udyog 227 ITR 209 (MP) for penalty proceedings. Please mail me, if you have the judgment copy at the earliest.

with regards,

CA.Ganesh K.Shetty

CA LOKESH KASAT, FCA, M.Com

CA LOKESH KASAT, FCA, M.Com (Expert)
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24 March 2009 answered

SANJAY VERMA

SANJAY VERMA (Expert)
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24 March 2009 yes

Suresh Agrawal

Suresh Agrawal (Expert)
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25 March 2009 Existence of contract need not be in written form. Since the freight is being paid regularly that presupposes existence of the contract. Therefore TDS is deductible.

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