TaxTMI 
TaxTMI 
2020 (12) TMI 185
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....e relevant portion of the order passed by the learned Tribunal is quoted below for ready reference:- "12. We have head both the parties and perused the orders of the Revenue Authorities as well as the relevant material placed before us. On perusal of the facts of the case, we find there is no dispute about the SNBT purchasing of the raw material for the assessee and however, the suppliers raised the invoices in the name of the assessee. Thus, the invoices were raised in the name of the assessee and the payments are made by the SNBT to the suppliers through the account payee cheques. Assessee made the cash payments to make up the balances with SNBT. Of course, assessee paid service charges to SNBT. We find, there is no confusion in ....
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....nsactions fall within the exclusion / exemption of the said clause-k, the relief granted by the CIT (A) becomes premature. Order of the CIT (A) is deficient to that extent. In all fairness, in the interest of justice, we remand this aspect to the file of the CIT (A) for want of a speaking order and a reasoned order on the issue under consideration. Accordingly, CIT(A) is directed to pass a reasoned order in accordance with the provisions of section 250(6) of the Act. CIT(A) is further directed that while passing a speaking order after considering the said Revenue's arguments and our observations of the Tribunal.(sic) He shall also consider the relevance of the judgment of the Hon'ble Gujarat High Court in the case of Mrinalini V. Sarabai (s....
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....s unsustainable. Therefore, there is an agreement between the two and in accordance with the contract, SNBT rendered the services for consideration. Therefore, the order of the CIT(A) on this issue should be sustained. 15. During the rebuttal time, Ld Counsel for the assessee argued vehemently stating that the Revenue has not demonstrated about the existence of contract and consequently the applicability of the provisions of section 194C read with section 40(a)(ia) of the Act. 16. We have heard both the parties and perused the orders of the Revenue Authorities on this issue and perused the orders of the Revenue Authorities as well as the relevant material placed before us. We have also gone through the contents of....
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.... correct. Therefore, the Assessing Officer is directed to restrict the disallowance to Rs. 62,71,782/-instead of Rs. 65,50,000/-." 17. Considering the above, we find, the CIT (A) correctly adjudicated the issue and discussed the matter at length before granting relief to the assessee. Therefore, we find, the decision taken by the CIT(A) is fair and reasonable and it does not call for any interference. 18. In the result, appeal of the assessee is dismissed and the appeal of the Revenue is allowed for statistical purposes. ITA No. 2809/Mds/2014 (AY 2009-2010) (By Revenue) 19. This appeal filed by the Revenue on 13.11.2014 is against the order of the CIT (A)-VI, Chennai dated 30.7.2014 for the asses....