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2018 (11) TMI 1899 - AT - Income TaxAllowable revenue expenditure - Addition towards purchase of movies, programme production expenses, amortization of film and Broadcast rights, consumables and Media expenses - HELD THAT:- This issue also subject matter of discussion before this Tribunal in assessee's own case for assessment years 2004-05 to 2009-10 [2013 (10) TMI 1368 - ITAT CHENNAI] and for the assessment year 2012-13 . [2017 (8) TMI 1661 - ITAT CHENNAI] - This Tribunal specifically found that the monies received are shown as deferred revenue in the year of receipt and are offered as income in the year when programme is aired. The ld. CIT(A), in fact, followed the order of Tribunal in assessee's own case for assessment years 2004-05 to 2009-10 - Therefore, this Tribunal do not find any reason to interfere with the order of ld. CIT(A). Accordingly, the order of ld. CIT(A) is confirmed in the departmental appeal. Disallowance u/s 14A r.w.r. 8D - expenditure relating to the exempt income and investments - HELD THAT:- We have considered the submissions of the ld. Counsel that the dominant intention in making investments in the subsidiary company is not to earn the dividend income, but, to control the business of the subsidiary company and therefore, the said investments should be excluded for the purpose of computation of disallowance under section 14A r.w. Rule 8D. Similar issue was subject matter in appeal before the Hon’ble Supreme Court in the case of Maxopp Investment Ltd. [2018 (3) TMI 805 - SUPREME COURT] wherein it is amply clear that any investments made in the subsidiary, which is not for the purpose of earning dividend and may be for the purpose of having controlling interest therein, shall attract the provisions of section 14A read with Rule 8D. Accordingly, we set aside the order of the ld. CIT(A) on this issue and sustain the disallowance made under section 14A r.w. Rule 8D(2)(iii).
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