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We find Sub-Section (6) of Section 194C is the provision which grants benefit to the assessee. This benefit comes with the condition of compliance of Sub-Section (7) of Section 194C, which is the procedure to be followed. The question would be as to whether if the procedure under Section 194C(7) has not been adhered to by the assessee would it be fatal and thereby disentitle the assessee to the benefit under sub-Section 6 of Section 194C.

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Section 37(1) & 194C of the Income-tax Act, 1961—Business expenditure—Even assuming that the assessee had not furnished the particulars as required under Sub-Section (7) of Section 194C in the prescribed form, the maximum that could be done is to impose a fine of Rs.200/- for every day of such non compliance. Therefore, this procedural law, as prescribed under Sub-Section (7) of Section 194C cannot take away the benefit, which will accrue to the assessee under Sub-Section (7) of Section 194C , thus, the matter was remanded to the Assessing Officer for a fresh consideration. - DILIP KUMAR V/s ASSTT. CIT - [2020] 269 TAXMAN 093 (MAD)

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