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TMI Blog2015 (10) TMI 1059X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs. 80,13,936/- (including service tax of Rs. 8,73,936/-) on account of accommodation bills issued by M/s Swen Television Ltd. which was controlled by an admitted entry provider Sh. S.K. Gupta, to the assessee. 2. On the facts and in the circumstances of the case ld. CIT(A) has erred in ignoring the non production of the rate card and TRP rating of the telecaster M/s Jhankar TV as also of any evidence to establish any payment made by M/s Swen Television Ltd. to the said telecaster in respect of telecasting of the assessee's advertisement of its TV channel. 3. (a) The order of the CIT(A) is erroneous and not tenable in the law and on facts. (b) The appellant craved leave to add, alter or amend any/all of the grounds of appeal before or du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er held as under: "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 the bills issued by all his group companies are accommodation entries. He has at the same time not contradicted his categorical statement given before the Investigation Wing regarding the genuineness of the bills issued in the name of Swen Television Ltd. to the appellant company. Thus, from the statement of Sh. S.K. Gupta it cannot be concluded that the bills debited in the name of Swen Television Ltd. by the appellant company are not genuine. Rather his statement affirms that the bills from Swen Television Ltd. are genuine. Just because major concerns controlled by Sh. S.K. G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 complete vouchers relating to advertisement expenses were furnished. It was also stated by the learned counsel that on these payments of advertisement expenses, TDS was deducted at source and moreover, service tax was also paid. The CD containing the text of advertisement was also produced. Considering these facts, in our opinion, the learned CIT(A) rightly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eipt for taxation in its return of income. In these circumstances, we are of the view that disallowing the expenditure on grounds of lack of rate card, TRP rating and sample agreement of M/s. Swen Television Ltd. with its client is not justified. Thus, we are in agreement with the Ld. CIT(A) that the assessee was entitled to the deduction of expenditure incurred for advertising on Jhankar TV through advertisement agent, M/s. Swen Television Ltd." 3. DCIT Vs. M/s ASL Insurance Brokers Pvt. Ltd., (ITA No. 2713 & 3579/Del/2010, dated 09.04.2012): "5. We have considered the facts of the case and submissions made before us. It is seen that the revenue collected information in the course of search of Shri S.K. Gupta and his Companies that they ..... X X X X Extracts X X X X X X X X Extracts X X X X
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