2012 (6) TMI 185

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....e assessing authority holding that Section is attracted to the facts of this case. In writ Petition Nos. 6385 & 6386/2010 the petitioner has challenged the similar order passed by the assessing authority. However, in view of the orders passed directing clubbing of those Writ Petitions with the above Writ Appeals they are placed before us for consideration. 2. In substance what is challenged in the Writ Petitions is the order passed by the assessing authority. Against the order passed by the assessing authority under the Income Tax Act, 1961, a statutory appeal is provided. Against the order of the appellate authority a second appeal is provided to the Income-Tax Appellate Tribunal. When the appellants and the petitioner's have an alterna....

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....nd the petitioner have also challenged the Circular No 8/2009 issued by the Board on 24 November, 2009, regarding the applicability of the provisions under Section 194(i) of the Income-Tax Act, 1961, in the course of transactions by the third party administration (PPP Hospitals) etc. After hearing the learned counsel appearing for the parties regarding the validity of the said Circular, we decline to go into the same. All that is to be said is that the appellate authority shall decide the appeals keeping in mind the law. If and when the orders passed by those authorities go against the assessees, it is open to the assessees to challenge not only the said order but also the Circular in question if they choose to do so. 4. It is also submi....