POOVATH PAREE & SONS, STEVEDORES,DB KHON vs. DY.COMMISSIONER OF INCOME TAX CIR-EKM
What did the High Court hold?
The High Court held that there was an implied contract between the assessee and the agencies for the supply of manual labour. The Court reasoned that the practice of engaging workers through these agencies was a measure devised by the Stevedores' Association to maintain industrial peace and ensure parity in employment of manual labour. The absence of a written contract did not absolve the assessee from the liability to deduct tax at source. The Court found that the payments made by the assessee clearly fell under the rigor of Section 194C of the Act. Consequently, the Tribunal's order was upheld, and the appeal was rejected. No specific amount in dispute was recorded. The Court did not discern any question of law arising from the Tribunal's order.
What were the facts?
The appellant, Poovath Paree & Sons, is a stevedore engaged in stuffing and de-stuffing containers at Cochin Port, utilizing manual labour. The assessee engaged workers through two agencies, 'USA Pool' and 'Hash Agencies', as part of a stevedore association's practice to ensure parity of work for manual labourers. Payments were made to these agencies for the labour provided. The assessee did not deduct tax at source on these payments under Section 194C of the Income Tax Act, 1961. The assessee's primary contention was the absence of a direct contract between itself and the agencies, arguing that payments were merely distributed to individual workers.
What were the issues?
1. Whether the payments made by the assessee to the agencies, 'USA Pool' and 'Hash Agencies', for manual labour constitute payments under a contract for carrying out work, attracting the requirement of Tax Deducted at Source (TDS) under Section 194C of the Income Tax Act, 1961, despite the absence of a written contract. Assessee's contention: The assessee argued that there was no contract, written or implied, between itself and the agencies. It contended that it engaged workers, and the agencies merely acted as conduits for distributing payments to the individual labourers. The assessee emphasized the lack of a written agreement. Revenue's contention: The revenue contended that an implied contract existed for the purpose of engaging manual labour, and the payments made by the assessee to the agencies fell within the ambit of Section 194C, necessitating TDS. The First Appellate Authority found that the payments exceeded the wage liability and that the agencies earned a profit, indicating a contractual arrangement.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
JUDGMENT K. Vinod Chandran, J. The assessee/appellant is a stevedore, who is mainly engaged in the activity of stuffing and de-stuffing containers, arriving and leaving from the Cochin Port. The assessee engaged manual labour for the stuffing and de-stuffing. The assessee being a part of the Stevedores' Association, engages workers from two agencies, so as to ensure a parity of work allotted to the manual labourers who are normally engaged in the Port.
The manual labourers formed themselves into associations/firms which are the agencies supplying them for carrying out the work in the port. The payments made to two of such entities are the issue raised herein. The assessee had been engaging workers from an association named 'USA Pool' and a firm called 'Hash Agencies'. Payments were made to the agencies, for which no deduction of tax was made at source as provided under Section 194(C) of the Income Tax Act, 1961 [for brevity, 'the Act'].
The assessee before the First Appellate Authority and Tribunal claimed that there was absolutely no contract between the assessee and the association/firm. The assessee had been engaging workers and the payments due to the individual workers were paid through the agencies. The amounts received by the agencies were merely distributed among the workers was the contention.
On facts, the First Appellate Authority found that the payment made is far in excess of the wage liability to the workers employed by the assessee. Though the First Appellate Authority also found that there could be necessarily expenses with respect to the pooling of workers, ensuring their welfare and so on and so forth, there was always a profit earned by the agencies from the amounts collected for the manual labour carried out.
The assessee's contention lay more emphasis on the absence of a written contract as such. The First Appellate Authority correctly found that there is no requirement for a written contract. There is definitely an implied contract, since it is for the purpose of maintaining industrial peace and ensuring parity in employment of manual labour, that the Association of Stevedore has devised a measure, by which its members employ persons from the two agencies, in which the different manual labourers are enrolled.
There is definitely an implied contract and we cannot absolve the assessee from the liability to deduct tax at source merely on the ground of there existing no written contract. We are of the opinion that the payments made by the assessee clearly come under the rigor of Section 194C of the Act. We do not find any reason to interfere with the order of the Tribunal and we also do not discern any question of law as arising from the order of the Tribunal. We hence reject the appeal and leave the parties to suffer their respective costs in the appeal. K. VINOD CHANDRAN JUDGE ASHOK MENON JUDGE sp/22/01/19 //// P.A. To Judge
Appendix — schedule of exhibits
More judgments on Section 194C
- Champion Omdev Construction Limited, Patna vs Asst Commissioner of Income-Tax Circle 1…ITA 72/PAT/2026[2023-2024]Status: Disposed30 Sept 2026AY 2023-2024
- Champion Omdev Construction Limited, Patna vs ACIT Circle 1, PatnaITA 155/PAT/2026[2017-2018]Status: Disposed30 Sept 2026AY 2017-2018
- Assistant Commissioner of Income Tax… vs Champion Omdev Construction Limited…ITA 547/PAT/2025[2023-24]Status: Disposed30 Sept 2026AY 2023-24
- Raj Construction, Vadodara vs The ITO, Ward TDS-2, VadodaraITA 327/AHD/2026[2018-19]Status: Disposed30 Sept 2026AY 2018-19
- Subramanian Aravind, Tuticorin vs Ward 1, TuticorinITA 297/CHNY/2026[2018-2019]Status: Disposed28 Sept 2026AY 2018-2019
Recent GST High Court judgments
Search GST case law →- M/S.Sri Satya Sai Constructions vs. The State Of Andhra PradeshAndhra Pradesh · 27 Oct 2026
- M/S. Sikka Motors PVT LTD vs. Union Of INDIA & Anr.Delhi · 27 Oct 2026
- Shri Yaras Suresh Babu Prabhu Kumar vs. The Union Of INDIATelangana · 27 Oct 2026
- Santa Singh vs. SuperintendentUttarakhand · 27 Oct 2026
- Azaad Builders vs. Assistant Commissioner SGSTUttarakhand · 27 Oct 2026