THE COMMISSIONER OF INCOME TAX vs. KARNATAKA POWER TRANSMISSION CORPORATION LTD

I IN THE HIGH COURT OF KA.RNATAKA AT BANGALORE DATED THIS THE 1 511( DAY OF MARCH 2012 ESENT THE HONtLE MRJJSTICE N. KUMAR AND HON’BLE MIt JUflCE RAVE MALI.MATH TM NO.268/2011 I. i Commissioner ofIncome-tax LIII, J88 Towers, 88K III Stage, Bara1ora 2. The Income-Tax Officer WS, C.R 4 Buildh Aftaara Maaiore, APfLIflITh (By Sri. MV.S&iachala for K.VSravlaI, Advocate) Ant Kanflka we Transmission Corporation Ltd., Bangalore Major Wotla Dion Airport Road Kaor Mara1ore. . RESNDEfl (By Sri. Clflwzya LX, Advocate) This hA is filed under Stion 2 of LTScL, 1%1 arising out of Order dated 22O3.2011 passed In

ifA NoJ047/Bangf2010, for the Assessment year 200607, praying that this Honlle Court may be jhased to formulate the suantial quta of law stated therein. ifA comir% on hr Hearing this day, NJCUMAR4 1 delivered the folkwing: This apl is by the rewnue. The substantial questkna of law that arise for ooriderattn hi this appeal are as under: (1)34?wther the 7flbunal was right In splitting up the cofl which, acrnrding to the revenue, was one ALE of the composite contract, into pn auth as part of the contract attributable to the value ofthe mateLs Involved in the execution ofthe work and otherpart of the contracta as dvii works and taking the view that tax was required to bed dat sounr only In respect of the work part of the contract wad not materialp ofthe conUncO (2)Whether the lflbunal wasjustified In ccnch4ing that Interest under Section

I 2O1(1 ofthe Inme Tax Acts II not lwtable, as the assessee was not liable make any deductions In respect ofthe value of the material part of the ccntract though the contract was one of whole contract” 2 Thh Court had an occasion to consider t& appeals we the said quations were the case of The Cwtadndow ofIWarns Thx andn a Katnataka flnnsrnlsdon ,pwaUon IAndtsd diposed of on en date ani has answered the said sukntiaI quatcm of law in favour of assessee and agaimt t& revenue. 3. 1refon, following the aforesaid judgment, * this sp1 is also dismissed Sd/a JUDGE Sd! JUDGE t dbl