IVRCL-KBL (JV) vs ASSISTANT COMMISSIONER OF INCOME TAX

Authority: High Court Date: 2016-02-28 AY: 2010-11, 2011-12, 2012-13 Section: 142(1), 143(2) Acts: Income Tax Act 1961, Income Tax Rules 1962 Result: Assessee Citation: (2016) 133 DTR 0234 (All) : (2016) 239 TAXMAN 0152 (AP) Justices: RAMESH RANGANATHAN & M. SATYANARAYANA MURTHY, JJ. Appeal No: Writ Petition Nos. 31680 of 2015
Whether credit for tax deducted at source (TDS) by the Government from payments to a joint venture (JV) should be given to the JV or to its constituent sub-contractor who actually executed the work, when the JV declared nil income but claimed refund of TDS --- Held: Credit must be given to the JV as the income from the contract with the Government is assessable in its hands, not the sub-contractor's, and the conditions under Rule 37BA(2)(i) for transferring credit were not met.

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