2022 (3) TMI 1289

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....r. S. Muralidhar, CJ. 1. All these appeals by the Revenue (Income Tax Department) arise out a common judgment dated 19th November, 2010 passed by the Income Tax Appellate Tribunal, Cuttack Bench, Cuttack (ITAT). 2. ITA No.4 of 2011 arises out of the aforementioned order passed in ITA No.282/CTK/2010 for the Assessment Year (AY) 2009- 2010 (WESCO-Respondent); ITA No.8 of 2011 is directed against the said order of the ITAT in ITA No.193/CTK/2010 for the AY 2008-2009 (WESCO-Respondent); ITA No.11 of 2011 is directed against the order of the ITAT in ITA No.284/CTK/2010 for the AY 2009-2010 (SOUTHCO-Respondent); ITA No.13 of 2011 is directed against the order of the ITAT in ITA No.191/CTK/2010 for the AY 2007-2008 (SOUTHCORespondent); ITA ....

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....). The electricity so purchased is distributed by utilizing the transmission network of the Orissa Power Transmission Corporation Limited (OPTCL). Both GRIDCO and OPTCL are regulated by the Orissa Electricity Regulatory Commission (OERC). 6. Question (i) and (ii) concern the applicability of Section 194-I of the Income Tax Act, 1961 (IT Act) to the payments made by the Respondents to OPTCL towards its billing/transmission charges. Both the Assessing Officer (AO) and the Commissioner of Income Tax (Appeals) [CIT (A)] decided the issue against the Assessee by holding that Section 194-I of the IT Act does apply and that the payments made were amenable to deduction of tax at source (TDS). It was further held that on account of failure of the....

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....irst charge on the receivables of Gridco from the assessee. Thus, what the assessees are paying, is in fact the purchase price for the electricity supplied by Gridco. The purchase price has been broken down on account of the orders of OERC into cost of electricity and transportation cost which is based on the transmission loss of electricity. The assessees have not used anything belonging to OPTCL nor the assessees are a party in the petition filed by OPTCL to OERC for the fixation of the tariff. If the assessees were paying rent or were using any equipments of OPTCL, then assessee should have been a party before the OERC in respect of the fixation of the price in the case of OPTCL. This is because the assessee would be an affected party. T....