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C Nos. Delay condoned. Leave granted. Under such agreement, Respondent No. Bharti Cellular Limited.
The problem which arises in these cases is that there is no expert evidence from the side of the Department to show how human intervention takes place, particularly, during the process when calls take place, let us say, from Delhi to Nainital and vice versa. During the traffic of such calls whether there is any manual intervention, is one of the points which requires expert evidence.
Whether at that stage, any human intervention is involved is required to be examined, which again needs a technical data. We are only highlighting these facts to emphasise that these types of matters cannot be decided without any technical assistance available on record. There is one more aspect that requires to be gone into. It is the contention of Respondent No. According to Respondent No.
This submission is not accepted by the Department. We leave it there because this submission has not been examined by the Tribunal. In short, the above aspects need reconsideration by the Assessing Officer. We make it clear that the assessee s is not at fault in these cases for the simple reason that the question of human intervention was never raised by the Department before the CIT. It was not raised even before the …. However, keeping in mind the larger interest and the ramification of the issues, which is likely to recur, particularly, in matters of contracts between Indian Companies and Multinational Corporations, we are of the view that the cases herein are required to be remitted to the Assessing Officer TDS.
Accordingly, we are directing the Assessing Officer TDS in each of these cases to examine a technical expert from the side of the Department and to decide the matter within a period of four months.
Such expert s will be examined including cross-examined within a period of four weeks from the date of receipt of the order of this Court.
Liberty is also given to Respondent No.