06 November 2011
For AY 2009/10 assessee (transport contractor) Engaged truck operators owning less than 2 trucks, obtained Form15I from them but failed to file Form15J by 30-6-2009.Ao during asst proceedings wants to disallow payments to thes truck operators u/s40a(ia) saying that provisions of TDS chapter have not been complied Is he justified? Are there any caselaws to the contrary? Can form15j be filed with commmissioner now &condonation obtained?
06 November 2011
The income of the sub-contractor owning not more than 2 trucks is not going to be taxable in the per-view of Section 44AE. As such there was no loss to the revenue.
By taking this plea -a suitable explanation can be drafted and request for allowing the expenditure may be made.
08 November 2011
CAN YOU PLEASE GIVE CITATION WHERE THE CASE VALIBHAI MANKAD HAS BEEN CITED,WHICH ITR OR TAXMANN ISSUE ETC AS I DID NOT GET THE CASE LAW