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TMI Blog2016 (4) TMI 1274X X X X Extracts X X X X X X X X Extracts X X X X ..... . Accordingly, we do not find any reason to interfere with the orders of the CIT(A), hence the appeal filed by the Revenue is dismissed. - ITA Nos. 1339, 1340 & 1344/Bang/2015 and 1343/Bang/2014 - - - Dated:- 29-4-2016 - Vijaypal Rao (Judicial Member) And Inturi Rama Rao (Accountant Member) For the Appellant : Sunil Kumar Agarwala, JCIT For the Respondent : P. R. Suresh, CA ORDER Inturi Rama Rao (Accountant Member) These are appeals filed by the Revenue directed against the order of Commissioner of Income-tax (Appeals) 13, Bangalore dated 19/3/2015 for the assessment year 2008-09, 2009-10, 2012-13 and 2013-14. Since common issues are involved in all these appeals we proceed to dispose off these appeals by way of this consolidated order. For the sake of convenience and clarity, the facts in ITA No.1339/Bang/2015 are stated here under: 2. The Revenue has raised the following grounds of appeal : (1) The order of CIT(A) is opposed to the facts and nature of the case on hand. (2) The learned. CIT(A) erred in holding that the assessee was not required to deduct tax at source u/s 194C from the payments made to developer. (3) The learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1), Bangalore (hereinafter called as TDS Officer). Subsequently, TDS Officer called for certain information from the respondent society including details of Memorandum of Understating with the developers entered in connection with the purchase of lands and development of the same. Based on the information so collected, the TDS Officer was of the opinion that the respondent society had failed to deduct the tax at source under the provisions of sec. 194C of the Act on the amount of payments paid to the developer and contractor in terms of the agreement entered by the respondent society. It was contended before the TDS Officer that the respondent society had purchased developed sites from the developer. It is contract of sale of developed sites. Thus it was submitted that the provision of sec. 194C were not applicable to the payment made to the developer. The contentions of the appellant company were brushed aside and TDS Officer had proceeded with treating the respondent of the assessee, as assessee in default and demanded tax under provision of sec. 201(1) and interest there on u/s 201(1)A and accordingly orders were passed under aforesaid provisions. 4. Against the said orders ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ls, cesses and development charges. (c) 5% of the total cost of sites shall be retained by the First Party Society as Security Deposit (EMD) as retention amount and it shall be paid to the Second Party Developer after completion of six months maintenance period stipulated herein below. (d) The aforesaid amount received as advance (as per clause 6.1 a b) and during the course of implementation of the project as provided hereinabove shall be adjusted by the Second Party Developer towards sale consideration of the sites as per 6A 6B to be conveyed to the members of the Society. 7. He also submitted that mere perusal of the above clause goes to prove that the agreement were entered only to development of the site which involves works as he also submitted that the facts in the present appeals are different from the facts in the case of Kautilya House Building Co-operative society decided by this Tribunal. 8. On the other hand, the learned Authorized Representative of the respondent society submitted that the terms and agreement should be construed as a whole and it is a case of contract of purchase of the developed sites and the sub sec (a) and (b) only stipula ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (a) Wide Asphalted Roads ranging from 30 to 60 as per sanctioned plan. (b) Water Sanitary connections to each site with Feeder sub main connections; (c) Electrification with overhead lines and Transformers, Adequate Street Lights as per KPTCL norms, (d) Dedicated Telephone Exchange; Milk booths. KPTCL Extension Counter, Police out post. BUS Terminus. shopping arcade including vegetable market etc (e) Overhead Tank/Sump Tank connected to Borewells in order to provide adequate water supply: (f) Road side tree plantation with tree guards. 4. SITES TO BE HANDED OVER TO THE SOCIETY FOR ALLOTMENT TO ITS MEMBERS; (a) The Second party shall reserve all the 'intermittent sites (excluding 50 intermittent sites of various dimensions to be identified by the second party) for the benefit of the members of the First Party. (b) As soon as the Second party informs the First party of the formation of the sites for the benefit of the members of the First Party, the First Party shall allot the same to its members and inform the Second party accordingly. (c) After such allotment, the Second Party shall convey the site to the allott ..... X X X X Extracts X X X X X X X X Extracts X X X X
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