TMI Blog2023 (10) TMI 1280X X X X Extracts X X X X X X X X Extracts X X X X ..... ct, 1961 [in short, the Act ], the respondent/assessee would be quite satisfied if the order of the CIT(A) is sustained instead. As revenue, says that this may perhaps be the best outcome, given the fact that this is the matter which pertains to AY 2008-09 and even if this Court were to remand the matter to the AO, it will be difficult for the respondent/assessee to produce the record. Since substantial number of bills were produced by the respondent/assessee qua which no defect was found, this may be a reasonable outcome in the present appeal. We tend to agree with the submissions made by both parties impugned order is set aside, and instead the order passed by the CIT(A) is restored. - HON'BLE MR JUSTICE RAJIV SHAKDHER AND ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the paper book, the learned Departmental Representative could not controvert that how the decision of the CIT (Appeals) in deleting the addition partly was erroneous. Further Co-ordinate Bench has held that Fringe Benefit Tax is not leviable on channel placement charges paid to cable operators by T.V. Channel Companies. Therefore, respectfully following the decision of the Co-ordinate Bench, we also hold that addition upheld by the learned CIT (Appeals) deserves to be deleted. Though assessee has submitted the sample invoices, but they show that on these expenditure, fringe benefit tax is not chargeable. In view of this, we dismiss ground NO. 1 of the appeal of the Revenue and allow ground No. 2 of the appeal of the assessee. 2. As ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... only the sample bills amounting to Rs. 9,02,50,971/- were furnished which represent 20% of the expenses, after allowing the same out of balance amount, 50% is disallowed and accordingly, held as taxable. The AO is directed to recompute the disallowance accordingly. 3. Mr Sachit Jolly, learned counsel, who appears on behalf of the respondent/assessee, has placed before us the remand report dated 03.05.2012 submitted by the Assessing Officer (AO) before the CIT(A). The relevant extract from the remand report on which reliance is placed by Mr Jolly is extracted hereafter: Similarly, for Advertisement expenses, though the assessee has classified the expenses and has produced the table showing the party name of the service providers a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal has given complete benefit of the expenditure claimed by the respondent/assessee in terms of 115WB read with Section 115WC of the Income Tax Act, 1961 [in short, the Act ], the respondent/assessee would be quite satisfied if the order of the CIT(A) is sustained instead. 7. Mr Sanjeev Menon, learned standing counsel, who appears on behalf of the appellant/revenue, says that this may perhaps be the best outcome, given the fact that this is the matter which pertains to AY 2008-09 and even if this Court were to remand the matter to the AO, it will be difficult for the respondent/assessee to produce the record. 7.1 Mr Menon says that since substantial number of bills were produced by the respondent/assessee qua which no defect w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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