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Wrong section applied

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Querist : Anonymous

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Querist : Anonymous (Querist)
12 June 2014 Our client is engaged in MATERIAL MOVEMENT CONTRACT AT ONLY A COMPANY. He has 10 TRACTORS on RENT to move the materials. His TDS is deducted U/s. 194 C during A.Y. 2013-14.

I filed ITR 4S with Section 44AD.
Is 44AE is applicable for the same. The material movement is INHOUSE for the company which he works.

Now, Guide on this. Current year should I file with 44AD or 44AE.
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Deepti Asawa

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Deepti Asawa (Expert)
12 June 2014 When tractors use on rent, sec.44AE not applicable.
Sec.44AE applicable on own tractors not on hire tractors.
So you should file return with 44AD.
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Querist : Anonymous

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Querist : Anonymous (Querist)
12 June 2014 IN ANY OTHER CASE IS THERE ANY NECESSITY FOR VEHICLE REGISTERED UNDER TRANSPORT (COMMERCIAL) SERVICES TO FOLLOW SECTION 44AE ?
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Deepti Asawa

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Deepti Asawa (Expert)
13 June 2014 No, it is not necessary.
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