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TMI Blog2012 (8) TMI 962X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri Ajay Gandhi Shri Dayakar For the Respondent : Shri K.Viswanatham, DR ORDER Per D.Karunakara Rao, Accountant Member: By these applications under S.254(2) of the Income-tax Act, 1961, the applicant-assessee seeks rectification of the order of the Tribunal dated 8th June, 2012, insofar as it relates to ITA No.372/Hyd/2010 and 373/Hyd/2010 filed by the Revenue for the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nue s appeals, i.e. grounds No.2 and 3 of the Revenue, Tribunal set aside the matter to the file of the CIT(A) for want of a speaking order. Thus, the Tribunal has taken conflicting views on a common issue while dealing with the grounds of the assessee and the Revenue. 3. The Learned Departmental Representative on the other hand, opposed the above submissions of the assessee. 4. We heard bot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee was given relief by the Tribunal, relying on the decision of the Jaipur Bench of the Tribunal in the case of ANZ Reality Pvt. Ltd. V/s. ITO (120 TTJ 142), duly extracting the relevant para of the said decision, viz. para 6, which is relevant for the proposition that payment of deposits to non-shareholders does not attract TDS provisions of S.194 of the Act. Therefore, assessee cannot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the proceedings before us, learned counsel for the assessee argued stating that the CIT(A) rightly allowed the assessee s appeals on the issue of applicability of provisions of S.2(22)(e) of the Act to the two kinds of advances -trade credits on one side and processing charges on the other. On the other hand, the Learned Departmental Representative for the Revenue stated that the order of the CIT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are liable to be dismissed. Consequently, grounds of the Revenue are accordingly dismissed. 17. In the result, both these appeals of the Revenue are dismissed. 18. To sum up, the appeals of the assessee, being ITA Nos.128 and 129/Hyd/2012 are allowed and the appeals filed by the Revenue, being ITA Nos.372 and 373/Hyd/2012, are dismissed. We modify our earlier order dated 8th June, 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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