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TMI Blog2022 (3) TMI 1289X X X X Extracts X X X X X X X X Extracts X X X X ..... on 194I? - HELD THAT:- The Court is not persuaded that any error has been committed by the ITAT in coming to the above conclusion. In absence of there being any payment of rent or even deemed rent by the Respondents to OPTCL there was no obligation under Section 194-I of the IT Act to deduct TDS from the wheeling charges paid to OPTCL. - Decided in favour of assessee. - ITA Nos. Nos.4, 8, 11, 13, 17 and 23 of 2011 - - - Dated:- 23-3-2022 - THE CHIEF JUSTICE DR. S. MURALIDHAR AND JUSTICE R.K. PATTANAIK For the Appellants : Mr. S.S. Mohapatra Senior Standing Counsel For the Respondent : Mr. Satyajit Mohanty, Advocate Mr. R.R. Swain, Advocate JUDGMENT Dr. S. Muralidhar, CJ. 1. All these appeals by the Revenue (Inc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent made by the assessee Company is only towards purchase price of electricity from the GRIDOC and not from OPTCL for which no TDS liability is attracted in terms of section 194-1 of the I.T. Act? (iii) Whether the learned ITAT is justified in holding that the TDS liability is not attracted in case of the assessee-company for which there is no need to levy interest u/s. 201(1A) of the I.T. Act? 4. The same questions arise for consideration in each of the other appeals as well. 5. The Respondent in each of these appeals is engaged in the distribution of power. Each of the companies purchases electricity from the Grid Corporation of Odisha Limited (GRIDCO). The electricity so purchased is distributed by utilizing the transmissi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt, right from the beginning, is between Gridco and the assessee. Gridco is to supply the electricity. Gridco is to deliver the electricity to the specified points as per the agreement. OPTCL was originally a part of Gridco and OPTCL was hived up from Gridco in 2005. Gridco is liable to pay OPTCL for the transmission of the electricity till the point of delivery as specified in the bulk supply agreement with assessees. Only to protect the interest of OPTCL in regard to the receipt of payments, OERC has directed OPTCL to raise invoices on the assessees. This is evident from the fact that the Regulatory Commission has specifically stated that OPTCL would have the first charge on the receivables of Gridco from the assessee. Thus, what the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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