S. 194C(2) — Assessee hired lorries from other tank lorry owners to carry out the activity of transportation — Whether payments made to the tank lorry owners would amount to sub-contract within the meaning of S. 194C(2) — Held, No.

36 Mythri Transport Corporation v. ACIT (2010) 124 ITD 40 (Visakhapatnam) A.Y. : 2005-06. Dated : 9-1-2009

S. 194C(2) — Assessee hired lorries from other tank lorry owners to carry out the activity of transportation — Whether payments made to the tank lorry owners would amount to sub-contract within the meaning of S. 194C(2) — Held, No.

Facts :

The assessee was a transport contractor engaged in transporting bitumen to various points. Since the assessee did not have enough number of lorries, it hired lorries from others. The tank lorry owners from whom the lorries were hired were paid amounts after the receipt of bills from the contractees by the assessee after retaining a certain amount termed as commission.

The Assessing Officer and the CIT(A) held that the tank lorry owners were sub-contractors and any payment made to tank lorry owners would come within the purview of S. 194C.

Held :

As per the provisions of S. 194C(2), the sub-contractor should carry out whole or any part of the work undertaken by the assessee. It signifies positive involvement in the execution of the whole or any part of the main work by spending his time, money and energy. In the instant case, there is no material to suggest that the other lorry owners involved themselves by spending their time, money and energy or by taking risk associated with the main contract work. Hence, the payment made to the lorry owners would not fall within the purview of S. 194C(2).