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)
…contract even though some material might have been used in the execution of the contract. In such cases, section 194C would be attracted as held by Hon'ble Supreme Court in the case of State of Himachal Pradesh vs. Associated Hotels, AIR 1972 SC 1131; [1972] 29 STC 474 (SC). When this test ITA Nos. 264 to 271/Bang/2017 & C.O. Nos. 66 to 69/Bang/2017 Page 12 of 24 is applied in the present case, it is clear that the dominant object is to carry out the development work on the land belonging to the Vendor and as such it is a works contract and provisions of section 194C are clearly attracted. 6.2The predominant a…