TMI Blog2012 (1) TMI 274X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the Revenue against the order of the Income Tax Appellate Tribunal dated 18.12.2009 which relate to assessment years 2005-06 and 2006-07. On 29.11.2010 while issuing notice the following order was passed by another Division Bench: CM No.20890/2010 in ITA No.1840/2010 Exemption is allowed, subject to just exceptions. CM stands disposed of. ITA Nos.1840, 1846/2010 In both ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that even if it is treated as commission for brokerage, the tax was still to be deducted under Section 36(1)(i) read with Section 40A(ia) of the Act which fact according to him, is glossed over by the assessee. Notice. Ms. Kativa Jha, learned counsel for the assessee accepts notice. Since the case is for narrow issue, we fix the same for final disposal on 16th December, 2010 in the category of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssued by order dated 29.11.2010 we have not examined the question whether or not the said amount should be disallowed under Section 40A (2) of the Act. 4. On the question of deduction of tax at source, the contention of the Revenue is that tax at source should have been deducted under Section 194H at the rate of 5% (it appears that w.e.f. 1.6.2007 the rate of tax has been increased to 10%). The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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