Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

The Commissioner of Income Tax (TDS) , Hyderabad Versus M/s. A.P. Gas Power Corporation Ltd.

2016 (8) TMI 77 - ANDHRA PRADESH HIGH COURT

TDS u/s 194C OR 194J - operation and maintenance charges and repairs for maintenance of plant and machinery - Held that:- The primary distinction between a payment made under Section 194C and a payment made under Section 194J is that the former arises out of a contract for carrying out certain items of work while the latter arises out of services rendered. In the case on hand, even according to the Assessing Officer, the contract was for operation and maintenance of the power plant. This is why .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

n And Mrs Anis, JJ. For the Petitioner : Sri K. Raji Reddy JUDGMENT ( Per Hon ble Sri Justice V. Ramasubramanian ) This appeal is by the Revenue under Section 260A of the Income Tax Act, 1961. Heard Mr. K. Rajireddy, learned Senior Standing Counsel for the Income Tax Department. The respondent/assessee, is engaged in the business of generation and sale of power. During the assessment year 2007-08, the assessee debited its Profit & Loss Account with an amount of ₹ 11,07,26,520/- towards .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

a notice under Section 154 was issued. Thereafter, an order was passed under Section 201 and Section 201 (1A) on 31.03.2011. The said order became the subject matter of an appeal before the CIT (Appeals) in ITA No.0421/CIT(A)-8,Hyd/2011-12. The Commissioner allowed the appeal by an order dated 24.03.2015. The same was confirmed by the Income Tax Appellate Tribunal by an order dated 18.09.2015 passed in I.T.A.No.674/HYD/2015. It is against the said order that the Revenue has come up with the pre .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

there are different types of payments, which are specific and distinctive from each other, under the said contract. Hence the Assessing Officer concluded that all the payments made cannot be termed as a comprehensive contract for works. The Assessing Officer also went on the basis of the fact that the service tax was paid. Therefore, he concluded that Section 194J was attracted. But unfortunately, the Assessing Officer failed to appreciate the fundamental distinction between Section 194C and Sec .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     bird's eye view     ↓  


|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version