Case Law Details
Karnataka Power Transmission Corporation Ltd. Vs. Asst. CIT (ITAT Bangalore) – When parties enter into two separate contracts, one for material and one for labor, the transaction would not be one and indivisible, but would fall into two separate agreements, one of work or service and the other of sale. In such a case, the provisions of section 194C would apply only to the labor contract and not to the materials contract. The supply portion of the contract being for supply of equipment does not require deduction of tax at source.
THE INCOME TAX APPELLATE TRIBUNAL,
BANGALORE BENCH ‘A’
ITA Nos. 1011, 1013, 1015, 1017 & 1019/Bang/2010
(Asst. years 2005-06 to 2009-2010)
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If there is only one contract and raising only bill for materil and labour then on what fegiure we deduct tax and at which rate. Invoice amount also include VAT and sales tax amount.
Departmental personnel down the line makes such assessment which is not only harrasment to the Assessee but also derogatory and defamation to deprtment. this simple interpretation can be made by any student of B. Com. however ITO making such assessment, who is supposed to be expert in his field makes such assessment and evey one has to go to higher authority is beyond understanding. Such type of ITO should be given proper training before putting them on the job. all concerned dealing with departments may bring this fact to the knowledge of higher authorities.