Itta/116/2004 Of The Commissioner Of Income Tax -Iv v. M/S. A.p.state Road Transport Corporatin

THE HON’BLE SRI JUSTICE L.NARASIMHA REDDYANDTHE HON’BLE SRI JUSTICE CHALLA KODANDA RAMI.T.T.A.No.116 of 2004 JUDGMENT: (Per LNR,J) This appeal is preferred by the Revenue feelingaggrieved by the order, dated 11.03.2003 inI.T.A.No.8/Hyd/1999 passed by the Hyderabad Bench of theIncome Tax Appellate Tribunal. The I.T.A. in turn was filed bythe Revenue i.e., the appellant herein assailing an orderpassed by the Commissioner (Appeals)-IV, Hyderabad withreference to assessment year 1998-99. The controversy wasas to whether the activity of fabrication of buses, entrusted bythe respondent to various agencies amounts to work or workscontract or sale. The relevant provision is Section 194-C of theIncome Tax Act, 1961. The Tribunal dismissed the appeal byfollowing its own order passed with reference to earlierassessment years. Head learned counsel for the appellant and learnedcounsel for the respondent. The question, which is mentioned above was the subjectmatter of the assessments for several years. It was only in theyear 1998, that the Assessing Authority visited the premises ofthe respondent and after verification of the records, took theview that the activity amounts to works contract and levied tax. The Tribunal however took a different view. I.T.T.A.Nos.30 and50 of 2002 were filed before this Court with reference to certainassessment years. Through a detailed order, dated 24.07.2014, we dismissed the appeals. Following the same, we dismiss the present appeal also. The miscellaneous petition filed in this appeal shall alsostand disposed of. There shall be no order as to costs. ____________________ L.NARASIMHA REDDY, J ______________________ CHALLA KODANDA RAM,J Date: 16.12.2014JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDYAND THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM JSU I.T.T.A.No.116 of 2004 Date: 16.12.2014