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TDS on car rent given to partner !!!

This query is : Resolved 
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(Querist)
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.
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Ca Anand Dubey

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Ca Anand Dubey (Expert)
13 May 2009 yes
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CA Devin

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CA Devin (Expert)
13 May 2009 AO is right... TDS Should have been deducted..
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taxindiaconnect

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taxindiaconnect (Expert)
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
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Bhaskaran Chackrapani Warrier

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Bhaskaran Chackrapani Warrier (Expert)
14 May 2009 Written contract is not mandatory to attract the provisions of section 194C.
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