2019 (1) TMI 1071 - HC - Income Tax

TDS u/s 194C - tds on works contract - whether transaction between the assessee and the manufacturer is a contract for sale of goods and is not in the nature of works contract? - Held that - The common impugned order of the Tribunal allowed the assessee s two appeals by recording a finding of fact that the assessee had purchased goods on principal to principal basis and had not entered into any works contract. On the above facts, it followed the decision of this Court in the case of Commissioner of Income-tax Vs. Glenmark Pharmaceuticals Ltd 2010 (3) TMI 289 - BOMBAY HIGH COURT In view of the fact that the finding of fact by the Tribunal is not shown to be perverse, the application of the decision of this Court in Glenmark Pharmaceuticals Ltd (supra) cannot be found fault with. No substantial question of law

Summary

Issues:
Interpretation of works contract under Income Tax Act, 1961.

Analysis:
The judgment by the High Court of Bombay pertains to Income Tax Appeal No. 1342 of 2016, which was not taken up on that day but was mentioned. The court proceeded with Income Tax Appeal No. 1176 of 2016 as both appeals stemmed from a common order of the Income Tax Appellate Tribunal. These appeals, filed under Section 260 A of the Income Tax Act, 1961, contested the common order dated 30.9.2015 concerning the Assessment Years 2006-07 & 2007-08.

The Revenue presented an identical question of law in both appeals for consideration, questioning the Tribunal's decision on whether the transaction between the assessee and the manufacturer constituted a contract for the sale of goods or a works contract, impacting the applicability of Section 194C of the Income Tax Act.

The Tribunal's order favored the respondent-assessee, determining that the purchases were made on a principal-to-principal basis, not under a works contract. This decision was based on a precedent set by the Court in the case of Commissioner of Income-tax Vs. Glenmark Pharmaceuticals Ltd [2010] 191 Taxman 455 (Bombay). The High Court, finding no fault with the Tribunal's factual findings, upheld the application of the Glenmark Pharmaceuticals Ltd case.

Consequently, as the proposed question did not raise any substantial legal issue, the High Court dismissed both appeals. The judgment highlights the importance of factual determinations and the application of relevant legal precedents in tax matters, emphasizing the significance of interpreting works contracts under the Income Tax Act, 1961.