2017 (5) TMI 120

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....contains an amount of Rs. 70,00,407/- worked out under Section 201(1) and an amount of Rs. 16,80,098/- worked out as interest under Section 201(1A) of the Incometax Act, 1961 (herein after referred to as "the Act"). 3. The brief facts of the case are that the assessee is a Co-operative Society, engaged in the manufacturing and selling of sugar and its byproducts. According to the Assessing Officer, a survey under Section 133A of the Act was conducted at the premises of the assessee on 05.02.2004 and 07.12.2010. On verification of the details, it was found that the assessee ought to have deducted TDS on the payments made to the farmers representing cutting and transporting of the sugarcane. He further observed that this aspect was examine....

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..... With the assistance of learned representatives, we have gone through the record carefully. We find that the Tribunal has considered this aspect in the case of the assessee for AY 2004-05 vide ITA No.379/Ahd/2012, which has been placed on the paper-book at page No.7. The Tribunal has followed the judgment of Hon'ble Gujarat High Court in assessee's own case for AY 2003-04 and upheld the conclusion of the ld. CIT(A). The findings of the Tribunal in AY 2004-05 read as under:- "6. We have duly considered contentions of the ld.DR and gone through the written submissions. We find that this issue was considered in the case of the assessee by the Hon'ble Gujarat High Court in the Asstt.Year 2003-04. The judgment of the Hon'ble Gu....

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....e assessee, therein, was supplied natural gas by different agencies through pipelines. In that case, according to the Revenue, while purchasing the gas from different agencies, the assessee had entered into a work contract for transportation of natural gas from the seller's premises to the buyer's consumption point, and therefore, they held that the assessee, therein, was required to deduct TDS. However, this Court, in that case, held that to transport the gas was a part of sale transaction, and therefore, the assessee, therein, was not required to deduct TDS. In our view, therefore, the decision of the Apex Court in the case of "CIT (TDS) VS. KRISHAK BHARTI COOPERATIVE LTD."(Supra) applies in full force to the facts of this case. T....