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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.

13 May 2009 yes

13 May 2009 AO is right... TDS Should have been deducted..


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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