DCIT, Circle- 23(2), New Delhi V. Sistema Shyam Teleservices Pvt. Ltd., New Delhi

ITA 1549/DEL/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 1257 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 4 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-07-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2012-2013
• Appeal Filed On: 05-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ALOK VASANT
• Assessee Lawyers: NIDHI SRIVASTAVA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH B, NEW DELHI BEFORE SH. N. K. BILLAIYA, ACCOUNTANT MEMBER AND SH. AMIT SHUKLA, JUDICIAL MEMBER (THROUGH VIDEO CONFERENCING) ITA NO.1549/DEL/2018 ASSESSMENT YEAR: 2012-13 DCIT CIRCLE -23 (2) NEW DELHI VS SISTEMA SHYAM TELESERVICES PVT. LTD. A-60, NARAINA INDUSTRIAL AREA-I, NEW DELHI-110028 PAN NO. AACCS1709H (APPELLANT) (RESPONDENT) APPELLANT BY SH. ALOK VASANT, CA RESPONDENT BY MS. NIDHI SRIVASTAVA, CIT DR DATE OF HEARING: 07/07/2021 DATE OF PRONOUNCEMENT: 07/07/2021 ORDER PER N. K. BILLAIYA, AM: THIS APPEAL BY THE REVENUE IS PREFERRED AGAINST TH E ORDER OF THE CIT(A)-31, NEW DELHI DATED 06.12.2017 PERTAININ G TO A.Y. 2012-13. 2 2. THE ONLY GRIEVANCE OF THE REVENUE READ AS UNDER :- 1. WHETHER THE LD. CIT (A) WAS JUSTIFIED IN DELETI NG THE ADDITION OF RS. 21,78,55,399/- MADE BY THE AO ON ACCOUNT OF UN-ACCR UED REVENUE TREATED AS INCOME FOR THE YEAR UNDER CONSIDERATION FORM UNUSED TALK TIME ON SALE OF PREPAID CARDS, PARTICULARLY WHEN TH E MATTER IS SUB- JUDICED BEFORE THE HONBLE DELHI HIGH COURT ON THE DEPARTMENTS APPEAL AGAINST THE ORDERS OF THE HONBLE ITAT. 2. THE APPELLANT CRAVES LEAVE TO ADD, ALTER OR AMEN D ANY OF THE GROUND(S) OF APPEAL BEFORE OR DURING THE COURSE OF HEARING OF THE APPEAL. 3. BRIEFLY STATED THE FACTS OF THE CASE ARE THAT DU RING THE YEAR UNDER CONSIDERATION THE ASSESSEE COMPANY DERIVED IN COME MAINLY FROM MOBILE TELEPHONY SERVICES RENDER ON CDMA PLATF ORM. THE TELEPHONY SERVICES ARE MOSTLY RENDERED THROUGH PREP AID CARDS. 4. THE ASSESSEE HAS SHOWN RS.86.29 CRORES AS UN-ACC RUED REVENUE IN THE BALANCE SHEET AS ON 31.03.2013. THE ASSESSING OFFICER FOUND THAT THE AO IN THE ASSESSMENT ORDER P ASSED IN EARLIER YEAR DISALLOWED THIS PROVISION AND TREATED THE SAME AS REVENUE. 3 5. TAKING A LEAF OUT OF THE FINDING GIVEN IN THE EA RLIER ASSESSMENT YEARS THE AO MADE ADDITION OF RS.21.78 C RORES AFTER REDUCING UN-ACCRUED REVENUE AS ON 31.03.2011 FOR RS .64.50 CRORES. 6. ASSESSEE SUCCESSFULLY AGITATED THE MATTER BEFORE THE CIT(A). 7. BEFORE US AT THE VERY OUTSET THE COUNSEL STATED THAT THE ENTIRE ISSUE IS NOW WELL SETTLED IN FAVOUR OF THE A SSESSEE AND AGAINST THE REVENUE BY THE ORDERS OF THE COORDINATE BENCH OF THIS TRIBUNAL WHICH HAVE BEEN AFFIRMED BY THE HONBLE HI GH COURT AND THE SLP OF THE REVENUE HAS BEEN DISMISSED BY THE HO NBLE SUPREME COURT. 8. THE LD. DR FAIRLY CONCEDED TO THIS BUT SHOWED HE R APPREHENSION IN RESPECT OF THE OBSERVATIONS GIVEN B Y THE HONBLE HIGH COURT. 9. WE HAVE GIVEN A THOUGHTFUL CONSIDERATION TO THE ORDERS OF THE AUTHORITIES BELOW. WE HAVE ALSO CONSIDERED THE DECISIONS OF THE COORDINATE BENCH AND THE HONBLE HIGH COURT. W E FIND FORCE IN THE CONTENTION OF THE COUNSEL. THE IMPUGNED ISS UE HAS BEEN DECIDED BY THE COORDINATE BENCH AND THE LATEST DECI SION IS DATED 22.02.2021 IN ITA NO.4825/DEL/2017 FOR A.Y.2013-14. THE RELEVANT FINDINGS OF THE COORDINATE BENCH READ AS U NDER :- 4 10. THE APPREHENSION RAISED BY THE LD. DR HAS BEEN CONSIDERED BY THE AO HIMSELF WHILE FRAMING THE ASSESSMENT ORDE R FOR A.Y.2013-14 VIDE ORDER DATED 30.12.2016. 11. THE RELEVANT FINDING OF THE AO READ AS UNDER :- 5 12. CONSIDERING THE TOTALITY OF THE FACTS OF THE CA SE IN THE LIGHT OF THE DECISIONS OF THE COORDINATE BENCH AND THE HONB LE HIGH COURT AND THE EFFECT GIVEN IN THE SUBSEQUENT YEARS AS MEN TIONED HERE IN 6 ABOVE WE DO NOT FIND ANY REASON TO INTERFERE WITH T HE FINDINGS OF THE CIT(A). THE APPEAL FILED BY THE REVENUE IS ACCO RDINGLY DISMISSED. 13. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. 14. DECISION ANNOUNCED IN THE OPEN COURT IN THE PR ESENCE OF BOTH THE REPRESENTATIVES ON 07.07.2021. SD/- SD/- (AMIT SHUKLA) (N. K. BILLAIYA) JUDICIAL MEMBER A CCOUNTANT MEMBER *NEHA* DATE:-07.07.2021 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGI STRAR ITAT NEW DELHI 7 DATE OF DICTATION 07.07.2021 DATE ON WHICH THE TYP ED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 07.07.2021 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER 07.07.2021 DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS 07.07.2021 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 07.07.2021 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/ PS 07.07.2021 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT 07.07.2021 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 07.07.2021 DATE ON WHICH FILE GOES TO THE HEAD CLERK. THE DATE ON WHICH FILE GOES T O THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER