Deputy Commissioner of Income-Tax, Bangalore vs. Commissioner for Collegiate Education, Bangalore
In the result, the appeals filed by the revenue are dismissed
ITA 2291/BANG/2016[2013-14]Status: DisposedITAT Bangalore27 Sept 2017AY 2013-14
Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao
For Appellant: Shri S.Nambirajan, Addl.CIT(DR)For Respondent: Shri Sreehari Kutsa, CA
Section 194CSection 194JSection 201(1)
…n for payment on actual basis in the nature of re- imbursement. I concur with the argument of Ld. AR that the issue is squarely covered by the Hon'ble ITAT- Lucknow Bench decision in the case of U.P. State Industrial Development Corpn. Ltd. v. ITO reported in 81 ITD 173. The payees in the present case are not contractors within the meaning of section 194C of the Income Tax Act. The entire payment made by the appellant to KHB and Rites are not in the nature of income of the payees, and such entire amounts could not be said to be liable for deduction of tax u/s 194C. In fact, the payment to the extent of remunerati…