THE COMMISSIONER OF INCOME TAX vs. KARNATAKA POWER TRANSMISSION

I IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED flITSfl 1 5Tt DAY OF MARCH fl2 PRESENT mz HONtE MR1CE N KUM 4 AR AND THE HONtE MR JUCE RAW MALIMAflI TFANO295/2011 Ban 1. 71w commissioner of Inconiemtax LTU JSS Towers BSK Ill Stage Bat*akr& 2 The Income-Tn Officer - ‘Its 55/1, Siah Building eshwaraxagar Mflore - 5’TOOO& S ‘at Income Tax Officer LIlT fltS, 355 Towers BSKUI Stage Bangalore .. AWELIANTS (By Ba M VSak1ah fr KVSravir, Admta) An& Kanataka Power Trarainiasion Corran Ltd, Bangalore Major Worh (5) DMaIon

2 .REsNDEr (By SrL SParthasarathi, A&nte) This WA is filed under Stk,n 2A of LtAct, 1%1 arising out of order dated 2303 2011 ssed in TM NoJ012/BaxI2009, for the Assessment year 2005-06, praying tt this Hon’ble Court may be pkased to formulate the subetan1 questhm of law stated therein and etc. ith WA co on kr Hearing this day, N.KUMa J, delivered the klbwing: This ap I the rniie The substantial questhr of law that arise for consideran In this appeal are as uMer (1$Ilzether the Tribunal was right in splitting zp the covfl whio! according te the revenue, was one AID of the cmnposite aintract, into pwts auth as— ofthe cmitr alkibutable to the value of the materials involved in the execution ofthe work and othnp

3 ofthe contract such as thdl works and taking the viny that tax was required to be deducted atnn only in respect of the work — of the contract and not materialpan ofthe contract? (2f4zether the lwbunal was Jtssftfled in oonckscllng that interest under Section 201(14) ofthe Income Tax Ad, 1961 is not ZaWabls, as the was not liable to make any deductions in respect of the value of the material pan of the contr4 though the contract was one of whole contract?’ 2 This Court had an ocoasion to oonsMer the appeak wimre tim saId quationa were inw m the case of Cemwdednet afikase and others •va Sarnaka usr Thannatsaton Corporotlon limited dipesed of on awn date and has answered the said substantial questions of law in fawur of the nscss and apt the rue.

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