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2018 (7) TMI 2032 - HC - VAT and Sales TaxAdjustment of TDS collected at source against the tax liability of the Sub-Contractor - HELD THAT - The matter requires further consideration. Appeal admitted.
Issues:
1. Whether TDS collected by the Karnataka Housing Board from payments to the Principal Contractor can be credited to the Sub-Contractor? Analysis: The High Court considered the appeal filed by the Sub-Contractor-assessee challenging the Tribunal's decision allowing credit/adjustment of TDS made by the Housing Board to the Principal Contractor. The Government Pleader argued that the TDS certificate was not transferable, hence the credit should not be given to the Sub-Contractor. The Government Pleader relied on previous judgments, including one involving M/s Ciscon Project Pvt. Ltd. The Court noted that other related cases were pending before the Division Bench, indicating the complexity of the issue. The Sub-Contractor's counsel referred to a Supreme Court judgment in the case of Nathpa Jhakri Joint Venture vs. State of H.P., which held that deductions of TDS cannot be made if no tax is leviable under the main enactment. The counsel argued that the TDS collected by the Housing Board should be credited to the Sub-Contractor. The Court acknowledged the need for further consideration on whether the TDS collected from the Principal Contractor can be credited to the Sub-Contractor. The Court admitted the matter for detailed examination without issuing a fresh notice as the parties were already served. The Court decided to hear the case after eight weeks, allowing time for both parties to prepare their arguments. The judgment highlighted the importance of resolving the issue regarding the credit of TDS collected by the Housing Board from the Principal Contractor to the Sub-Contractor. The case involved complex legal interpretations and required a thorough analysis of relevant precedents and legal provisions. The Court's decision to admit the matter for further consideration indicated the significance of the issue at hand and the need for a detailed examination before reaching a final conclusion.
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