TMI Blog2015 (6) TMI 1211X X X X Extracts X X X X X X X X Extracts X X X X ..... o tax on the income earned on account of their advertisement activity. In the above view, the impugned order holds that there can be no occasion to tax the same income in the hands of the respondent-assessee when the same has been subjected to tax in the hands of M/s.SAS BV (IGN BV). So, bearing in mind that the revenue has accepted the order of the Tribunal in case of SAS BV (IGN BV). It is relevant to note that, for the Assessment Year 2000-01 and 2002-03 on the same issue in respect of SAS BV (IGN BV), the revenue had challenged in this Court the order of the Tribunal holding that SAS BV (IGN BV) is not a conduit of Star Limited, the respondent-assessee herein [ 2013 (3) TMI 847 - BOMBAY HIGH COURT] .This Court on 13 March 2013 dismis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ring question No.1. This finding of fact is not shown to be perverse. Thus, no substantial question of law arises with regard to question No.3. Accordingly, question No.3 cannot be entertained. Interest under Section 234C not chargeable - HELD THAT:- We find that the impugned order of the Tribunal has merely followed the decision of this court in D.I.T. v/s NGC Network Asia, [ 2009 (1) TMI 174 - BOMBAY HIGH COURT] . Moreover, once it is held that no income has arisen or accrued in the hands of respondent assessee, the question of payment of any interest does not arise. Accordingly question No.4 does not raise any substantial question of law. Thus not entertained. - INCOME TAX APPEAL NO. 1676 OF 2013 - - - Dated:- 16-6-2015 - M.S. S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esident and that even credit to a nonresident of an amount would be taxable as receipt and, therefore, liable for tax deduction at source immediately on credit, though it may ultimately be not paid at all ? (3) Whether on the facts and in circumstances of the case and in law the Tribunal erred in holding that as no income has accrued or arisen to the assessee, interest under Section 234A was not chargeable to assessee even when decision of the Tribunal has not been accepted by the Department ? (4) Whether on the facts and in circumstances of the case and in law the Tribunal erred in applying the ratio of decision of the jurisdictional High Court in the case of DIT V NGC Network Asia LLC in holding that interest under Section 234C was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er dated 21 May 2010 has already held that SAS BV (IGN BV) is not a conduit or a sham entity and they are chargeable to tax on the income earned on account of their advertisement activity. In the above view, the impugned order holds that there can be no occasion to tax the same income in the hands of the respondent-assessee when the same has been subjected to tax in the hands of M/s.SAS BV (IGN BV). This is particularly so, bearing in mind that the revenue has accepted the order of the Tribunal dated 21 May 2010 in case of SAS BV (IGN BV). It is relevant to note that, for the Assessment Year 2000-01 and 2002-03 on the same issue in respect of SAS BV (IGN BV), the revenue had challenged in this Court the order of the Tribunal holding that SA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... same. No fault can be found with the impugned order. Accordingly, question No.2 cannot be entertained as it does not give rise to a substantial question of law. 6 So far as question No.3 is concerned, the impugned order of the Tribunal has rendered a finding of fact that no income has accrued/arisen to the respondent assessee during the subject assessment year. The aforesaid finding of the Tribunal is based on having held that the income arising on account of adversement sales is taxable in the hands of SAS BV (IGN BV) for the reasons indicated while considering question No.1. This finding of fact is not shown to be perverse. Thus, no substantial question of law arises with regard to question No.3. Accordingly, question No.3 cannot be en ..... X X X X Extracts X X X X X X X X Extracts X X X X
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