Income Tax Officer (TDS), Bangalore vs. M/S. Itc Employees Housing Co-Operative Society Ltd, Bangalore
In the result, all the appeals filed by the revenue are dismissed and all the COs filed by the assessee are also dismissed
ITA 271/BANG/2017[2011-12]Status: DisposedITAT Bangalore25 May 2018AY 2011-12
Bench: Shri Arun Kumar Garodia & Shri Laliet Kumar
For Appellant: Shri Vishnu Moorthi, CAFor Respondent: Dr. P.V. Pradeep Kumar, Addl. CIT (DR)
Section 194CSection 201Section 201(1)
…as it amounts to works contract. The matter in the L&T case (supra) was referred to a Larger Bench of the Supreme Court for re-consideration of the decision of the Division Bench in the case of K. Raheja Development Corporation vs. State of Karnataka [(2005) 5 SCC 162]. The view taken in the K. Raheja case was referred for consideration of the following issues: Whether the tripartite agreement could be considered as works contract? If the ratio of the decision in the K. Raheja case was accepted, there would be no difference between a works contract and a sale of chattel as a chattel. Can the developer be s…