TMI Blog2015 (11) TMI 9X X X X Extracts X X X X X X X X Extracts X X X X ..... ription 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. - I.T.A. No.126/Mds/2015 - - - Dated:- 28- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mputing the assessment u/s.143(3) of the Act, assessee the income at C13,62,81,800/- However, the Assessing Officer has not allowed the assessee s claim of credit for TDS of C2,46,80,256/- on the ground that the concerned income was not offered to tax in the return of income. Aggrieved, the assessee preferred an appeal before the Commissioner of Income Tax (Appeals). 4. The Commissioner of Income Tax (Appeals) observed that the Assessing Officer s action of disallowing the assessee s claim of credit for TDS of C2,46,80,256/- on the ground that the concerned income (subscription charges) was not offered to tax in the return of income . The Assessing Officer in his order noticed that the assessee, the subscription charges of C.86,34,97,146 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... yment made by them to the assessee. In lieu of the services rendered by the assessee, the assessee is entitled to receive fixed commission. Since tax has already been deducted and paid to the Government at the time of making collections, the assessee is entitled to get the credit of the same while receiving commission income. M/s. Sun TV Network Ltd., had engaged the services of the assessee for collection of the subscription amount against commission. However, the cable operators at the time of payment of subscription, deducted the tax at source and remitted the remaining amount to the assessee. The subscription collected by the assessee is not its income and hence is not taxable in the hands of the assessee. The assessee is only a nodal a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessment year 2006-07 of the assessee s own case. Respectfully following the decision of the Tribunal the assessee is entitled for the credit on the TDS made by the cable operation on the subscription charges. The Assessing Officer was directed to allow the assessee s claim for TDS of C2,46,80,256/-. Against this, the Revenue is in appeal before us. 5. We have heard both the parties and perused the material on record. The 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. To examine the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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