TMI Blog2010 (3) TMI 1173X X X X Extracts X X X X X X X X Extracts X X X X ..... sts. JUDGMENT The revenue has come up in this appeal challenging the orders passed by the income Tax Appellate Tribunal Bangalore in ITA No. 630/Bang/2004 dated 17.3.2006 raising the following substantial questions of law. "Whether the Tribunal was correct in holding that the contract contemplating deduction of tax at source entered into between the assessee and Mr. Lakshman to purchase lands ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... consideration is paid the assessee has no business to deduct the tax at source as it is for the seller of the sites to pay the capital gains depending upon the tax payable by hm. Therefore, we are of the opinion that the question of law framed in this appeal has to be answered against the revenue and in favour of the assessee.
5. Accordingly, this appeal is dismissed. X X X X Extracts X X X X X X X X Extracts X X X X
|