No TDS u/s 194C on transportation if the same is incidental to contract of sale

0 comments Sunday, December 2, 2012

Gujrat High Court has held in  CIT vs Krishak Bharti Cooperative Ltd that TDS u/s 194C will not be applicable on transportation of goods if such transportation is incidental to contract of sale.

In this case where assessee entered into a contract with GAIL for supply of gas to its consumption points through pipelines and in addition to price of gas it had agreed to make separate payments for transportation of gas, it was held that contract was a contract for purchase of gas and not a work contract

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Signature mismatch on cheque may lead to criminal proceedings-SC

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  A person may face criminal proceedings if a cheque issued by him gets dishonoured on the ground that his signature does not match the specimen signature available with the bank, the Supreme Court has said. 

A bench of justices T S Thakur and Gyan Sudha Mishra set aside the verdict of Gujarat High Court which had held that criminal proceedings for dishonouring of cheque can be initiated only when the cheque is dishonoured because of lack of sufficient amount in the bank account and not in case where a cheque is returned due to mismatch of signature of account holder. 
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