TMI Blog2010 (4) TMI 795X X X X Extracts X X X X X X X X Extracts X X X X ..... charged 4 per cent value added tax which is not disputed. - assessee was not liable to deduct tax at source under section 194C on the payments made for purchase of printed material. - ITA NOS. 4887 TO 4889 DELHI/2009 - - - Dated:- 30-4-2010 - SHRI R.P. TOLANI, AND SHRI K.G. BANSAL, ACCOUNTANT MEMBER Represented By: Ms. Anusha Khurana for the Appellant. Shri S. Jhajharia and Mahir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case of Novartis Health Care Pvt. Ltd. v. ITO [2009] 29 SOT 425 and also on the decision of the jurisdictional High Court in the case of CIT v. Deputy Chief Accounts Officer, Markfed, Khanna [2008] 304 ITR 17 (Punj. Har.) ; TIOL-374-HC-P H-IT dated February 28, 2008 in which it has been held that purchase of material with logo is to be treated as a contract for sale. The hon'ble High Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ial in terms of section 194C and the above demand was rightly raised by the Assessing Officer. 4. Learned counsel for the assessee, on the other hand, contends that the assessee is engaged in the business of manufacturing as well as trading in footwear and allied materials. For the purpose of manufacturing footwear, the assessee places specific orders for purchase of printed material with differ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Delhi) and Khadim Shoe (P.) Ltd. v. Asstt. CIT (I. T. Appeal No. 2132 (Kol.) of 2005, order dated May 12, 2006) for the assessment year 2004-05, held it to be a transaction of purchase and sale and the assessee was not liable for deduction of tax at source by observing as under : "The Income-tax Appellate Tribunal, Kolkata Bench in the case of Khadim Shoe P. Ltd. (supra) has also relied on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s and circumstances, it has been held that the supply of printed material purchased by the assessee for use in manufacture and trade of footwear was transaction for purchase and sale. This is strengthened by the fact that suppliers charged 4 per cent value added tax which is not disputed. Following the aforesaid decision in the assessee's own case of Kolkata Bench, we uphold the order of the Commi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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