TDS on car rent given to partner !!!
This query is : Resolved
13 May 2009
Sir,
A partner's car is used by a firm, & he is paid some amount on A/c of rent for car(Car is used for firm's work only), the AO has disallowed the said Exp. stating that the payment is in nature of contract with the partner & the firm has not dedcuted Tax while making such payments U/S 194C.(Though no such contract exist there in)
Is the AO's action justified??
Can i get ref. to some case in this regards.
A partner's car is used by a firm, & he is paid some amount on A/c of rent for car(Car is used for firm's work only), the AO has disallowed the said Exp. stating that the payment is in nature of contract with the partner & the firm has not dedcuted Tax while making such payments U/S 194C.(Though no such contract exist there in)
Is the AO's action justified??
Can i get ref. to some case in this regards.
13 May 2009
yes
13 May 2009
The TDS should have been deducted @ 10% + Applicable SC and EC on this as the car has been hired by the firm, not he service of the car
14 May 2009
Written contract is not mandatory to attract the provisions of section 194C.
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