Held that the lease financing company did not provide any particular service as a driver or otherwise for the purpose of usage of the car. On the car having been provided, the maintenance thereof was to be carried out by the employee of the assessee, and the lease-financing company had no role to play in it. The only transaction entered into between the assessee and the lease-financing company was to make payment of the amounts due to the company, and the car would be handed over to the employee through the assessee. There being no work as such being carried out by the lease-financing company nor any service as such being rendered by the company, neither section 194C nor section 194-I of the Act was applicable. No violation of the provisions and section 40(a)(i)/(ia) of the Act. (AY. 2008-09)
CIT (LTU) v. Texas Instruments India Pvt. Ltd. (2021) 435 ITR 1 / 321 CTR 34 / 203 DTR 1(Karn.)(HC).Editorial : Notice issued in SLP filed by Revenue , CIT v. Texas Instruments India (P) Ltd. (2022) 287 Taxman 181 / 113 CCH 157 (SC)
S. 40(a)(ia) : Amounts not deductible-Deduction at source-Payment to contractor-Payment of rent-Vehicles on lease for use by employees-No liability to deduct tax under S.194C or under S. 194I of the Act. [S.194C, 194I]