2019 (4) TMI 2070

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Divesh Chawla i/b. Mr.Atul Jasani, Advocate ORDER P.C.: 1. This Appeal is filed by the revenue to challenge the judgment of Income Tax Appellate Tribunal. Following questions are presented for our consideration; "(a) Whether, on the facts and in the circumstances of the case and in law, the ITAT has erred in holding that the distribution revenue (subscription charges) of amount Rs.124,82,45,0 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ould be accrued as the income. The Tribunal in the impugned judgment noted that this distribution revenue has been taxed in the hands of the assessee on protective basis. Remaining 50% has been taxed in the hands of the channel companies. The Tribunal correctly observed that such amount cannot be added separately because it had been already included in the pool and in the combined rate of 27.18% ( .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Director of Income Tax (international Taxation) Vs. NGC Network Asia LLC, reported in 313 ITR 187 (Bom). Apart from the said judgment, we note that if the revenue's first question is not entertained, the applicability of question of interest under section 234B of the Act would have of must similar grounds. In any case, when the decision of Bombay High Court covers the field, we do not see any reas .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X