M/S Subex Technologies Limited, ... vs Jcit, Bangalore on 6 September, 2022
not requirement for deduction of tax at source. This was taken
in appeal by the department to High Court. Neither before the
Hon. Tribunal in the first round nor before the Hon. High
Court, it was the case of revenue that the assessee is not
eligible for deduction under section 37(1) of the I.T.Act. The
entire case of department from the beginning has been that
assessee did not deduct tax at source. The High Court held
that Tribunal has not passed a speaking order on the issue of
section 40(a)(i) of the I.T.Act and hence, remanded the case
to the Hon. Tribunal to re-examine the same. Hence, the facts
in the above case are distinguishable to the present facts of
the case.