Nitin sharma
(jobs)
(121 Points)
Replied 30 October 2015
Vishal Aggarwal
(Working at Lalit Purushottam Dass & Co.)
(38 Points)
Replied 30 October 2015
satyamawasthi33@nokiamail.com
(Auditor)
(21 Points)
Replied 30 October 2015
sumit kumar
(Ca Final)
(174 Points)
Replied 30 October 2015
Rajesh Kumar Gupta
(Senior Divisional Manager)
(714 Points)
Replied 30 October 2015
Miss Rinkal
(Student)
(1309 Points)
Replied 30 October 2015
Please refer the order. Hope this may prove to be useful to you.
Accordingly, tds would not be applicable in the given case as the case is similar to the order attached here
hareesha g
(ca practice )
(32 Points)
Replied 30 October 2015
hareesha g
(ca practice )
(32 Points)
Replied 30 October 2015
Karthik.V.Kulkarni
(Chartered Accountant)
(594 Points)
Replied 30 October 2015
Miss Rinkal
(Student)
(1309 Points)
Replied 30 October 2015
I would like to bring to the notice of the experts. There is one judgement passed by Delhi bench of ITAT, case of Hero Moto Corp Ltd vs CIT (2013) 60 SOT 25 passing an opinion that tds should be deducted u/s 194I in respect of rent and 194C in respect of catering services whereas Bangalore bench of ITAT, case of M/s Ratnagiri Impex Pvt Ltd vs DCIT (2014) passing an opinion that tds would not be required to be deducted
Based on the above two cases, which judgement needs to be followed is just not. Will jurisdiction rule applies where there is different opinion given by 2 ITAT.
HOWEVER in case of East India Hotels vs. CBDT in CWP No.2 104 of 1994, Bombay HC held that 194C will not be applicable
Don't know what to follow and what not to follow
Please find attached Hero Moto Corp case law.
Awaiting for definite and absolute reply
Karthik.V.Kulkarni
(Chartered Accountant)
(594 Points)
Replied 31 October 2015
Karthik.V.Kulkarni
(Chartered Accountant)
(594 Points)
Replied 31 October 2015
yacoob katib mohamed
(ca)
(25 Points)
Replied 31 October 2015
yacoob katib mohamed
(ca)
(25 Points)
Replied 31 October 2015
Landmark Judgments: Important Provisions of the EPF & ESI Act interpreted by the Honorable Supreme Court of India