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2015 (2) TMI 110 - ITAT MUMBAIExcess amortization cost debited to the profit and loss account - addition was in respect of Satellite rights of 107 films, Split wide open (satellite rights) and Satellite rights of six films - CIT(A) deleted the addition - Held that:- CIT(A) has given his finding and to the extent details were not available Ld. CIT(A) has directed the AO to verify the details. The findings recorded by Ld. CIT(A) are based on the details filed by the assessee before Ld. CIT(A). No discrepancy has been pointed out by the Revenue in the findings recorded by Ld. CIT(A). With regard to 107 satellite rights, it has been specifically mentioned by Ld. CIT(A) that realization of the assessee from these films were upto the date of rights available with the assessee and these facts have been described in the table which remains uncontroverted. Similarly, with regard to split wide open, the cable TV and video rights available to the assessee were upto 30/09/2005 and 28/06/2005 respectively which were sold upto 7/12/2005 and similarly for other films also Ld. CIT(A) has recorded the dates and that portion of Ld. CIT(A)’s order has also reproduced in the above part of this order. In absence of any discrepancy pointed out in these findings, it cannot be said that Ld. CIT(A) has granted the relief to the assessee without application of mind or in absence of details of facts. The respective dates are clearly mentioned in respect of rights available to the assessee and the period upto which those rights were sold. Therefore, we decline to interfere in the relief granted by Ld. CIT(A) and the appeal filed by the Revenue is dismissed. - Decided in favour of assessee.
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