Ita/119/2012 Of The Commissioner Of Income-Tax v. Karnataka Power Transmission Corporation Ltd

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 05TH DAY OF OCTOBER 2012 PRESENT THE HON'BLE MR. JUSTICE K.SREEDHAR RAO AND THE HON'BLE MR. JUSTICE B.MANOHAR ITA No.119/2012 BETWEEN : 1 THE COMMISSIONER OF INCOME-TAX LTU, JSS TOWERS, BSK III STAGE, BANGALORE 2 THE ASST. COMMISSIONER OF INCOME-TAX, CIRCLE-16(2) BANGALORE. APPELLANTS ( By Sri. K V ARAVIND, ADV.) AND : KARNATAKA POWER TRANSMISSION CORPORATION LTD, BANGALORE MAJOR WORK(S) DIVISION, ANANDA RAO CIRCLE,BANGALORE-560 009. ...RESPONDENT ITA is filed U/s.260-A of I.T Act, 1961 arising out of Order dated 11/01/2012 passed in ITA No.74/Bang/2011 by the Income-Tax Appellate Tribunal, Bangalore. This ITA coming on for admission this day, K SREEDHAR RAO, J, delivered the following: JUDGMENT The following substantial question of law raised in the memorandum of appeal is taken up for consideration: Whether the Tribunal was correct in holding that the contract awarded by the assessee to 3[rd] party for erection, installation and execution of civil work of power lines and power stations was not composite contracts and no TDS was liable to be deducted in respect of payments made by the assessee to the contractors for purchase of materials involved in the said contract? This Court in ITA No.337/2011 (DD 15.3.2012) has answered the said question of law against the revenue. Accordingly, the appeal is dismissed. Sd/-JUDGE Sd/-JUDGE bkm.