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The Deputy Commissioner of Income Tax, Corporate Circle 4 (2) Chennai Versus M/s. Kal Comm P. Ltd

2015 (11) TMI 9 - ITAT CHENNAI

Credit for TDS - CIT(A) allowed the claim - 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 - Held that:- To examine the same, the Bench called for Profit and Loss account and Leger accounts to know, how the subscription received was accounted in .....

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cision 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:- 28-8-2015 - SHRI CHANDRA POOJARI AND SHRI V. DURGA RAO, JJ. For The Appellant : Shri. P. Radhakrishnan, IRS, JCIT For The Respondent : Shri. .....

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ought to have appreciated the fact that credit for tax deducted at source can be given only to the extent of proportionate income offered for assessment. 2.3 Having regard to the Hon ble High Court s decisions in the case of CIT vs. Pushpa Vijay & Anr (Ker) 67 DTR 354 (2012) wherein it is held that credit for TDS can be given only where tax is deducted on the income which is offered for assessment, the ld. Commissioner of Income Tax (Appeals) ought to have upheld the action of the Assessing .....

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- 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 t .....

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same order is also applicable for the assessment year 2009-2010 under consideration also. The Commissioner of Income Tax (Appeals) observed that the Tribunal had held that the subscription charges collected by the assessee was not the income of the assessee. It was collected on behalf of M/s. Sun Network Ltd, and in-turn remitted to Sun Network Ltd. The cable operators are deducting the TDS in the name of the assessee as it was paid to the assessee. Hence, the assessee is entitled for the credit .....

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f TDS deducted by the cable operators at the time of payment 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 .....

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ed at the end of Financial Year when the amounts are paid to M/s. Sun TV Network Ltd. As the subscription collected by the assessee from various cable operators is not the income of the assessee, the same is not shown in Profit & Loss account. The subscription amount is the income of M/s. Sun TV Network Ltd. and as such is taxable in the hands of M/s. Sun TV Network Ltd. However, the cable operators are deducting tax at source on the payments of subscription made to assessee, whereas, the as .....

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e consequential issues automatically do not survive. Thus, in view of the peculiar facts and circumstances of the case, we allow this appeal of the assessee and set aside the impugned order. In the present case, the facts and circumstances are exactly identical to those involved in the case of the assessment 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 subscriptio .....

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