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2015 (10) TMI 1388 - AT - Income TaxRevision u/s 263 - as per CIT(A) order passed by AO is erroneous and prejudicial to the interest of revenue to the extent of non disallowance of subscription charges paid to the TV channels for non deduction of TDS under the provisions of section 40(a)(ia) - Held that:- Revisional powers invoked by learned Commissioner appears to be corrected because the AO has not examined the applicability of the provisions of Section 194C to be read with Section 40(a)(ia). The assessment order being silent on this aspect; hence, under the powers prescribed to learned Commissioner the matter can be examined by him. But the second aspect is whether the learned Commissioner has examined all those aspects before directing the AO to disallow the claim. In other words, learned Commissioner is expected to investigate all relevant facts and only thereupon must direct the AO to do the needful required under the circumstances. We have noted that the aspects as discussed hereinabove were not examined by the learned Commissioner based upon certain fundamental evidences such as nature of payment and the contract between the parties. Matter remanded to the Commissioner for passing a fresh order - We direct that the assessee should file requisite information and the agreements before learned Commissioner and fully co-operate in the proceedings. Side by side learned Commissioner is also expected to pass a detailed order considering the relevant provisions of the IT Act in the light of the evidences on record. Since, the matter is restored back for afresh adjudication - Decided in favour of assessee for statistical purpose
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