Shanti Prime Publication Pvt. Ltd.
Sec. 40(a)(ia) & 194C of Income Tax Act, 1961— TDS—Matter was remitted back to the CIT (A) for fresh consideration on the matter that Whether such works would attract the provisions of s. 194C or not was a debatable question and unless a finding of fact was arrived at by the learned CIT(A) independently discussing the contentions raised before him. The mere affirmation of the finding of the appellate (sic-assessing) authority that provisions under s. 194C are attracted and that the AO was justified in making disallowance to the extent of Rs. 2,76,67,052 is not at all a satisfactory disposal of the appeal by the first appellate authority, who was under an obligation to discuss the facts and legal contentions in detail and the first appellate authority cannot affirm the order passed by the lower assessing authority — KRAMSKI STAMPING & MOLDING INDIA (P) LTD. Vs. ASSTT. CIT [2020] 313 CTR 345 (MAD)