2016 (7) TMI 111

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... d against a judgement and order dated 12th June, 2009 passed by the Income Tax Appellate Tribunal "B" Bench in ITA No.2055/Kol/2008 pertaining to the assessment year 2005-06 by which the appeal of the revenue was partly allowed merely for statistical purpose and the cross-objection of the assessee being CO No. 12 (Kol) of 2009 was dismissed. The revenue has once again come up in appeal. The follow .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... idence, took a view that the assessee was a trader. That finding is a finding of fact which has become final. It is, therefore, not possible to find that there has been any lapses or violation on the part of the assessee in not complying with the requirement of Section 194C. Consequently, there is no application of Section 40(a)(ia) of the Income Tax Act. In that view of the matter, the question .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X