9911796707
TMI Blog2015 (4) TMI 629X X X X Extracts X X X X X X X X Extracts X X X X ..... er of challenge in this appeal is a judgement dated 12th May, 2006 passed by the learned Income Tax Appellate Tribunal pertaining to the assessment year 2004-2005. The question which was formulated at the time of admission of the appeal, at the instance of the revenue, reads as follows:- "Whether on the facts and in the circumstances of the case the order of the Tribunal without giving any reason ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ximately under section 201(1)(1A) read with section 194C. The assessee preferred an appeal. The appellate authority was of the opinion that purchase worth Rs. 38.39 Crores was not within the purview of section 194C for the following reasons : "The appellant has furnished copies of audit report, audited accounts and break-up of purchase of finished footwear. It is seen that out of total purchase o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Rs. 7.90 crores was within the purview of section 194C for the following reasons:- "I am not impressed by the argument of the appellant that the said goods could be resold by the vendors after removing the logo "khadim". To my mind, it was a case of purchase of goods by ordering extra improvement on the goods brought by the vendors for sale to the appellant. I agree that by providing extra imp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e goods and has admittedly paid sales tax, central excise duty and has in its turn availed the benefit of cenvat credit which is inconsistent with a job contract contemplated by section 194C of the Income Tax Act. Section 194C contemplates payment to a contractor for carrying out any work including supply of labour or carrying out any work. It was not the case of the revenue that the vendor of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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