9911796707
TMI Blog2024 (7) TMI 1055X X X X Extracts X X X X X X X X Extracts X X X X ..... O. 15449 OF 2024 IN INCOME TAX APPEAL NO. 1950 OF 2013 - - - Income Tax - TDS u/s 194H - Tax liability to be deducted at source and the discounted price by the distributors - HELD THAT:- As decided in Bharti Cellular Limited (now Bharti Airtel Limited) [ 2024 (3) TMI 41 - SUPREME COURT] wherein, the issue which fell for the consideration of the Supreme Court was in relation to the liability to de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on a reading of the said decision of the Supreme Court, it is clear that the question of law as raised in the present appeals was squarely dealt by the Supreme Court and answered in favour of the assessee. In this view of the matter, further adjudication of these appeals is not called for, as the question of law would stand answered by the authoritative pronouncement of the Supreme Court, in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 194-H of the Income Tax Act, 1961? 2. Learned counsel for the appellant / assessee has brought to our notice the decision of the Supreme Court in the assessee s own case namely in Bharti Cellular Limited (now Bharti Airtel Limited) Vs. Assistant Commissioner of Income Tax, Circle (57) Kolkata, Civil Appeal No. 7257 of 2011, decided on 28 February 2024 , wherein, the issue which fell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... racted in the facts and circumstances of the case. The Supreme Court considering the rival contentions upheld the view taken by this Court. The relevant observations in this regard can be seen in paragraphs 29 and 30 of the decision of the Supreme Court. 3. Thus, on a reading of the said decision of the Supreme Court, it is clear that the question of law as raised in the present appeals was square ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eme Court in Bharti Cellular (supra). 5. In the aforesaid circumstances, we are inclined to dispose of these appeals by answering the question in favour of the assessee and against the revenue. 6. Needless to observe that the appellant / assessee is at liberty to follow the process of law in making a refund application and if the same is made, it ought to be considered in accordance with law and a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
