INCOME-TAX OFFICER, WARD - 3(1), PUNE vs. SHRADDHA & PRASAD JOINT VENTURE, PUNE

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ITA 2665/PUN/2017Status: DisposedITAT Pune17 May 2021AY 2014-1513 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the relationship between the joint venture and its members was not that of a contractor and contractee, and income should be taxed in the hands of the members. Following its own previous decisions and the CBDT circular, the Tribunal found no infirmity in the CIT(A)'s order.

What were the facts?

The Revenue appealed against the CIT(A)'s order deleting the disallowance made under Section 40(a)(ia) for non-deduction of TDS by a joint venture on payments made to its members. The Assessing Officer treated these payments as sub-contracts and disallowed them for non-deduction of TDS.

What were the issues?

Whether payments made by a joint venture to its members for work executed are to be treated as sub-contracts attracting TDS provisions, and if not, whether disallowance under Section 40(a)(ia) is warranted.

Which sections of the Income-tax Act were involved?

Section 40(a)(ia),Section 194C

AI-generated summary — verify with the full judgment below

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Income Tax Appellate Tribunal, “A” BENCH, PUNE

Before: SHRI R.S.SYAL, VP & SHRI PARTHA SARATHI CHAUDHURY, JM

For Appellant: Shri Kishore Phadke
For Respondent: Shri Deepak Garg
Hearing: 13.05.2021Pronounced: 17.05.2021

आदेशानुसार / BY ORDER, // True Copy // धनजी सधचव / Private Secretary आयकर अपीलीय अधधकरण, पुणे / ITAT, Pune.

Date 1 Draft dictated on 13.05.2021 Sr.PS/PS 2 Draft placed before author 17.05.2021 Sr.PS/PS 3 Draft proposed and placed JM/AM before the second Member 4 Draft discussed/approved by AM/JM second Member 5 Approved draft comes to the Sr.PS/PS Sr. PS/PS 6 Kept for pronouncement on Sr.PS/PS 7 Date of uploading of order Sr.PS/PS 8 File sent to Bench Clerk Sr.PS/PS 9 Date on which the file goes to the Head Clerk 10 Date on which file goes to the A.R 11 Date of dispatch of order

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