Mr Vijay Ramchandra Shirsth Vs ACIT, Nashik (Dated: September 29, 2011)
Income Tax - Sections 40(a)(ia), 194C - Whether when the assessee is debarred by the clauses of the
agreement from sub-contracting the work contract undertaken, mere engagement of certain persons
for execution of part of the works without delegating any risks is to be treated as sub-contracting -
Whether provisions of Sec 194C are applicable in such a case - Whether onus to prove that the
assessee subcontracted its work is on the Revenue. - Assessee's appeal allowed : PUNE ITAT
Income Tax - Sections 40(a)(ia), 194C - Whether when the assessee is debarred by the clauses of the
agreement from sub-contracting the work contract undertaken, mere engagement of certain persons
for execution of part of the works without delegating any risks is to be treated as sub-contracting -
Whether provisions of Sec 194C are applicable in such a case - Whether onus to prove that the
assessee subcontracted its work is on the Revenue. - Assessee's appeal allowed : PUNE ITAT
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