COMMISSIONER OF INCOME TAX Vs. SPICE TELECOMMUNICATIONS (P.) LTD.

JUDGEMENT

(1.) WE dispose of these six Income Tax Appeals filed by the revenue by this common judgment, since the substantial questions of law raised for our consideration are common and even the nature of business of the respondent -assessees is similar. The assessees are in the business of providing communication facilities and for that purpose they place order for supply of SIM/scratch cards according to their requirement and specifications. Admittedly, the assessees do not supply any material whatsoever to the manufacturers/suppliers of the cards. It is against this backdrop the revenue has raised the following substantial questions of law for our consideration:

(2.) SECTION 194C of the Act came to be substituted by the Finance (No. 2) Act, 2009 w.e.f. 01.10.2009. By this amendment, for the first time Sub -Clause (e) of Clause (iv) in the Explanation appended to Section 194C of the Act was inserted. Sub -Clause (e) of Clause (iv) reads thus: