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

This query is : Open 
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(Querist)
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?
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(Querist)
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
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CA LOKESH KASAT, FCA, M.Com

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

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SANJAY VERMA (Expert)
24 March 2009 yes
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Suresh Agrawal

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Suresh Agrawal (Expert)
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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