UTTAR PRADESH RAJKIYA NIRMAN NIGAM LIMITED,LUCKNOW vs. DY. COMMISSIONER OF INCOME TAX, LUCKNOW
In the result, the appeal of the assessee is allowed and the appeal of the Department is dismissed
ITA 317/LKW/2017[2010-11]Status: DisposedITAT Lucknow17 May 2019AY 2010-11
Bench: Shri. A. D. Jain & Shri T. S. Kapoorassessment Year: 2010-11 Uttar Pradesh Rajkiya Nirman V. Dcit Nigam Limited Range Vi Vishweshariya Bhawan Lucknow Vibhuti Khand, Gomti Nagar Lucknow Tan/Pan:Aaacu5701F (Appellant) (Respondent) Assessment Year: 2010-11 Dcit V. Uttar Pradesh Rajkiya Nirman Nigam Range Vi Limited Lucknow Vishweshariya Bhawan Vibhuti Khand, Gomti Nagar Lucknow Tan/Pan:Aaacu5701F (Appellant) (Respondent) Assessee By: Shri K. R. Rastogi, Fca Department By: Shri A. K. Bar, Cit (Dr) Date Of Hearing: 30 04 2019 Date Of Pronouncement: 17 05 2019 O R D E R Per A. D. Jain, V.P.: These Cross-Appeals Are Preferred By The Assessee As Well As The Revenue Against The Order Of The Ld. Cit(A)-Ii, Lucknow, Dated 10/3/2017 For The Assessment Year 2010-11. 2. The Sole Ground Of Appeal, Taken By The Assessee In Its Appeal In Ita No.314/Lkw/2017 Is, As Follows:-
For Appellant: Shri K. R. Rastogi, FCAFor Respondent: Shri A. K. Bar, CIT (DR)
Section 194CSection 198Section 40
2. The CIT(A), Lucknow has erred in law and on facts in deleting the disallowance u/s 40(a)(ia) of the I.T. Act 1961 amounting to Rs.86,96,73,557/- ignoring the fact section 40(a)(ia) read with section 194C of the I.T. Act is applicable in case of carrying out any work including supply of labour
