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2015 (11) TMI 9 - AT - Income TaxCredit for TDS - CIT(A) allowed the claim - main contention of the assessee’s counsel is that the assessee remitted the entire subscription income to M/s. Sun TV and there is no element of income in the hands of the assessee from subscription received from other parties on behalf of M/s. Sun TV and the assessee received only commission from it - Held that:- To examine the same, the Bench called for Profit and Loss account and Leger accounts to know, how the subscription received was accounted in assessee’s book. The assessee’s counsel filed only financial statement and not filed ledger accounts of subscription received account. Hence, we are not in a position to express any opinion whether the assessee is having any element of income from subscription charges received from various parties. Therefore, if the entire subscription received by the assessee is transferred to M/s. Sun TV and the assessee is entitled only for commission on subscription income, then the Tribunal’s decision relied by the assessee’s in his own case for the assessment year 2006-2007 counsel is applicable. Accordingly, we are remitting the entire issue back to the file of the Assessing Officer to consider the issue afresh in the light of the above observation - Decided partly in favour of revenue for statistical purposes.
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