9911796707
TMI Blog2015 (12) TMI 622X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 260-A of the Income Tax Act calling in question tenability of orders dated 27.5.2015, passed by the Appellate Tribunal in ITA Nos. 208/Jab/2013 and 210/Jab/2013. 2- As common question of law and facts are involved, both these appeals are being decided by this common order. 3- Assessee is a Company engaged in manufacture and trading of minerals namely Pyrophilite, Bauxite, Diaspore, Clay Ref ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeals) and the learned Appellate Tribunal having held that the transaction is in the nature of principal to principal and not principal to agent basis, this appeal has been filed. 4- Even though Shri Sanjay Lal, learned counsel for the appellant, referred to section 194-H and various other provisions to say that the relationship between the assessee and M/s ACE Calderys Limited is that of a prin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed at mutually agreed price and the appellant's liability in respect of the product sold ceases as soon as the products are dispatched from the premises of the appellant for delivery. It was found that the product order, dispatch instructions etc are given by M/s ACE Calderys Limited, and even particulars of the party to whom supply is made is given by M/s ACE Calderys Limited alongwith the quanti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... M/s ACE Calderys Limited is not a broker and, therefore, interference has been made. 5- It was also tried to be indicated that the Tribunal has committed an error by not deciding the revenue's ground of appeal to say that without appreciating the fact the orders passed under section 201(1) and 201(1-A) dated 28.3.2011 were not for the years 2008-2009, 2009-2010 and 2010-2011, but this has also be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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