TaxTMI 
TaxTMI 
2014 (12) TMI 1154
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....are common, for the sake of convenience, they were heard together and are decided by way of this common order. The AO passed an order u/s 201(1) by observing that the assessee failed to deduct the tax on contract works. The facts in brief are that, the assessee is carrying out work relating to hydro electricity project in Uttaranchal for Tehri Hydro Development Corporation (THDC). A survey u/s 33A was conducted on 7.12.2011 and the AO consequently passed order u/s 201 and 201(1A) on 3.12.2012. Aggrieved the assessee carried the matter in appeal before the first appellate authority and the ld CIT (A) allowed the appeal partly. Aggrieved the Revenue is before us by raising the following grounds: U/s 201 (1) and U/s 201(1A): "1. The ld CIT (....
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....s in the said case the assessee deductor had not deducted TDS as required by the section 194C(2)". 4. As the issues arising in all these appeals are common, they are heard together and disposed off by this common order. 5. We have heard Mr. Rajat Mitra, ld Sr. Departmental Representative and Shri V. Raghavendra Rao, ld counsel for the assessee. 6. On a careful consideration of the facts and circumstances of the case and on a perusal of the papers on record and the orders of the authorities below, as well as the case law cited, we hold as follows. The first appellate authority in her order made the following factual findings: "5.1 The appellant is a joint venture company with two constituents M/s. Progressive Constructions Ltd (PCL) and ....
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....eived by it under and pursuant to the original contract, whether relating to past, present or future claims and including all amounts relating to price escalation, advances etc., by way of issuing suitable instructions to Bank". 5.2.1 From this agreement dated 01.04.2008 between the joint venture and Rithwik Projects Ltd., it is very evident that the joint venture had sub-contracted out the project work to Rithwik Projects Ltd. It is also pertinent to mention that THDC is not party to this sub-contract agreement". 7. On a query from the Bench, the ld DR filed a letter dated 11.12.2014 in F. No.DCIT/Circle-2(1)ITAT/2014-15 the Dy. Commissioner of Income Tax (TDS) TDS Circle 2(1) Hyderabad wherein it was confirmed by him that there is no ev....