Itxa/1919/2011 Of The Commissioner Of Income Tax -Tds v. Kirloskar Oil Engines Ltd

sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTIONINCOME TAX APPEAL NO.1917 OF 2011INCOME TAX APPEAL NO.1919 OF 2011 INCOME TAX APPEAL NO.1920 OF 2011 The Commissioner of Income Tax-TDS, Pune ..Appellant. V/s. M/s. Kirloskar Oil Enginees ..Respondent. Mr. N.N. Singh for the appellant. Mr. Mihir Naniwadekar for the respondent. CORAM : J.P. DEVADHAR AND M.S. SANKLECHA, JJ.DATED : 18TH FEBRUARY, 2013 P.C. :- 1.In these three appeals for assessment years 2006-07, 2007-08 and 2008-09, following common question of law have been raised for our consideration:- “ Whether on the facts and in the circumstances of the case and as per the provisions of law, the Tribunal was justified in holding that the transactions between the assessee company and its various contractors were a 'contracts for sale' and not a 'works contract' and therefore the assessee company could not be held liable to deduct tax at source under Section 194C of the Income Tax Act ? ” 2.Counsel for the parties state that the issue raised in the above question is covered by the decision of this Court in the matter of CIT V/s. Glenmark Pharmaceuticals Ltd. reported in [2010] 324 324 ITR 199 (Bom) in favour of the respondent-assessee. We also notice that the Tribunal has also followed the above decision in the matter of Glenmark Pharmaceuticals Ltd. (supra). In this view of the matter, we see no reason to entertain the proposed question. 3.Accordingly, the appeal is dismissed with no order as to costs. (M.S. SANKLECHA, J.) (J.P. DEVADHAR, J.)