- (1.) The Court : The appeal is directed against a judgement and order dated 12th June, 2009 passed by the Income Tax Appellate Tribunal "B" Bench in ITA No.2055/Kol/2008 pertaining to the assessment year 2005 -06 by which the appeal of the revenue was partly allowed merely for statistical purpose and the cross -objection of the assessee being CO No. 12 (Kol) of 2009 was dismissed.
(2.) The revenue has once again come up in appeal. The following question of law was formulated : "Whether, on the facts and in the circumstances of the case, the Income -Tax Appellate Tribunal is correct in treating the printing charges of Rs.72,36,292/ - paid shown as such in the profit and loss account and not as sales and holding that the assessee was a trader and not a works contractor and deleting the disallowance on the ground that the payment did not come in the purview of sections 194C and 40(a)(ia) of the Income -Tax Act, 1961 - The answer to the question formulated depends upon the further question as to whether the assessee was at the relevant time a trader or a contractor. Liability under Section 194C will arise if he was a contractor. Such liability shall not be there if he was a trader.
(3.) The learned Tribunal, after considering the evidence, took a view that the assessee was a trader. That finding is a finding of fact which has become final. It is, therefore, not possible to find that there has been any lapses or violation on the part of the assessee in not complying with the requirement of Section 194C. Consequently, there is no application of Section 40(a)(ia) of the Income Tax Act.;