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2012 Supreme(Kar) 915

N.KUMAR, RAVI MALIMATH
Commissioner of Income Tax – Appellant
Versus
Karnataka Power Transmission Corporation Ltd. – Respondent


Advocates:
Advocate Appeared:
Mr. M.V. Seshachala, K.V. Aravind, for the Appellant
Mr. Chytharrya K.K., for the Respondent

JUDGMENT

1. This appeal is preferred by the Revenue challenging the order passed by the Income Tax Tribunal allowing the appeals Bled by the assessee and holding that the assessee was not under the obligation to deduct tax under Section 194C of the Income Tax Act, 1961 (hereinafter referred to as "the Act" for short) towards the payment made on supply portion and consequently, the assessee cannot be treated as the assessee in default and further holding that the levy of interest is also illegal. The assessee - The Karnataka Power Transmission Corporation Limited (for short "KPTCL") is a State Government Public Sector Company carrying on business of transmission of electricity from the electricity generating point to various electrical sub-stations in the State of Karnataka through its network of transmission lines and sub-stations. A survey under Section 133A of the Income Tax Act, 1961 (hereinafter referred to as "the Act" for short) was conducted in the premises of the assessee on 30.9.2009 to verify its compliance with the TDS provisions. During the course of survey, it was noticed that the assessee company has entered into contract agreements on Total Turnkey Basis or Partial Tu










































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