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TMI Blog2014 (7) TMI 93X X X X Extracts X X X X X X X X Extracts X X X X ..... case the question of looking into format agreement (Appendix-IV) would not arise. Tribunal was of the view that the Appendix-IV executed by the assessee with the accredited agencies and the agreements executed between unregistered advertising agencies and the assessee - the Tribunal has not considered all the aspects/questions in proper perspective – the matter is remitted back to the Tribunal for adjudication – Decided in favour of Revenue. - IT Appeal Nos. 665 to 667 of 2007 - - - Dated:- 4-3-2014 - DILIP B. BHOSALE AND B MANOHAR, JJ. For the Appellant : K.V. Aravind. For the Respondent : S. Parthasarathi, Mallaharao K. and Ms. Jinita Chatterjee. JUDGMENT:- PC: These income tax appeals are directed against ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith all such advertising agencies, who were not registered with INS, the assessee had entered into agreements, which admittedly were not in terms of the format agreements prescribed under the Rules by INS. The prescribed 'format of agreement' to be entered into with accredited (advertising) agencies is appended, as Appendix-IV, to the Rules. 5. We have perused the 'format agreement' (Appendix-IV) and one of the agreements executed between advertising agencies, which had not been registered with INS and the respondent-assessee, and we find lot of difference between the terms and conditions in the agreements (i.e., the agreements actually executed and the format agreement). There cannot be any dispute, if the respondent-a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Judgment of the Allahabad High Court in Jagran Prakashan Ltd. v. Dy. CIT (TDS) [2012] 345 ITR 288(All). We, however, make it clear that, we have not expressed any opinion on merits of the case including the question whether Allahabad High Court judgment covers the question raised in this matter. iii. The Tribunal while dealing with the appeals afresh shall consider the terms and conditions of the format agreement (Appendix-IV) so also the terms and conditions of the agreements executed between the unregistered newspaper agencies and the assessee. iv. It is needless to state that the assessee shall place on record the list of accredited advertising agencies and also unregistered advertising agencies with all other necessary ..... X X X X Extracts X X X X X X X X Extracts X X X X
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