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TMI Blog2013 (5) TMI 197X X X X Extracts X X X X X X X X Extracts X X X X ..... d by M/s Era Advertisement and Marketing Co.Pvt.Ltd. and M/s Hamara Samay TV News Network Pvt.Ltd. which were controlled by an admitted entry provider Sh. S.K. Gupta, to the assessee. 2. On the facts and in the circumstances of this case, the ld.CIT(A) has erred in relying upon the CD containing only the text of the advertisement as claimed to have been proposed by the assessee company for telecasting and not the advertisement as actually telecasted on Jhankar TV channel. 3. On the facts and in the circumstances of this case, the ld.CIT(A) has erred in ignoring the non-production of the rate card and TRP rating of the telecaster M/s Jhankar TV. 4. (a) The order of the CIT(A) is erroneous and not tenable in law and on facts. (b) The appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was actually incurred. He, therefore, held the same to be accommodation entries and made the addition of Rs.1,54,68,550/-. 4. The learned CIT(A) deleted the addition with the following finding:- "20. Appellant has also filed confirmation certificate from M/s Hamara Samay T.V. News Network Pvt.Ltd., as asked by my predecessor regarding the details of the telecast of advertisement of the appellant. 21. Thus, to sum up, in none of the statements recorded before the A.O. Sh. S.K. Gupta has stated that his entire business is non genuine and all because major concerns controlled by Shri S.K. Gupta are admittedly issuing non genuine accommodation bills, it cannot be automatically presumed that all the bills issued by all the concerns of Shri S. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the prerogative of the businessman to choose a particular telecaster and a particular program. It is settled legal position that the AO cannot sit in the armchair of the businessman to decide whether the decision taken by him are in his best interest or not. Thus, it is held that AO was not correct in treating the bills under reference issued by M/s ERA Advertisement and Marketing Co.P.Ltd. and M/s Hamara Samay T.V. News Network Pvt.Ltd. as non genuine based on the reasons given below. 23. In my opinion, for any expenditure to be treated as genuine or non-genuine, following are to be verified:- (i) Whether there is a bill from the party or not and whether the party issuing the bill is in existence and confirmed of having issued the bill ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e independently. 26. The only issue now remains to be verified as to whether or not services has actually been rendered by M/s ERA Advertisement and Marketing Co.P.Ltd. and M/s Hamara Samay T.V. News Network Pvt.Ltd. for which the bills under reference have been raised and payments made and as to whether or not the advertisement has actually been released by Jhankar T.V. It is seen that the appellant has submitted a certificate from the Telecaster i.e. Jhankar T.V. that they have telecasted their programme on the relevant dates and also they have received payments against all these programmes. The appellant has also produced before the AO the CD containing the text of advertisement released on Jhankar TV. A copy of telecast certificate iss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ttedly, these two concerns, viz. M/s ERA Advertising and Marketing Co.Pvt.Ltd. and M/s Hamara Samay T.V. News Network Pvt.Ltd. were the group concerns of Shri S.K. Gupta. Shri S.K. Gupta has further stated that only few bills issued by them were for genuine advertisement. Thus, by necessary implication, the remaining bills were for the accommodation entries. He, therefore, submitted that the order of learned CIT(A) should be reversed and that of the Assessing Officer may be restored. 7. The learned counsel for the assessee, on the other hand, relied upon the order of the learned CIT(A) and he stated that Shri S.K. Gupta in his statement has never mentioned that he issued any bills for accommodation entries to the assessee company. That the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Gupta recorded by the Assessing Officer. However, learned CIT(A) has recorded the finding that in his statement Shri S.K. Gupta has never mentioned that the bills issued by M/s ERA Advertising and Marketing Co.Pvt.Ltd. and M/s Hamara Samay T.V. News Network Pvt.Ltd. to Ajay Home Products Pvt.Ltd., i.e., the assessee, were in the nature of accommodation entries. The assessee has filed confirmation certificate from M/s Hamara Samay T.V. News Network Pvt.Ltd. in which the details of telecast of the advertisement of the appellant were given. The assessee had filed the confirmation of both the parties, copy of CD of the advertisement film, copy of the bills of advertisement, all the payments were made by cheque, copy of bank statement and compl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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