In the result, the appeal of the assessee is partly allowed and that of the Revenue is dismissed
Bench: Shri Chandra Mohan Garg & Shri Girish Agrawal
TDS is deducted. This is an undisputed fact that in this case the Assessee has not deducted the tax.” 30. Therefore, the Tribunal considered the legal position and application of retrospective amendment w.e.f. 1.6.1976 in section 9 brought in by Finance Act, 2010 and further held thus:- “We are not going on the merits of the taxability of the payments