INDMAN MEDIA SERVICES P. LTD, MUMBAI V. ASST CIT 11(1), MUMBAI

ITA 1637/MUM/2012

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 79245 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 3 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-06-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: I
• Next Hearing Date: 25-06-2014
• Assessment Year: 2008-2009
• Appeal Filed On: 07-03-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL I B ENCH, MUMBAI , !', % % % % &' . % . () . % . , !' * BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER AND DR.S.T.M. PAVALAN, JUDICIAL MEMBER ./ I.T.A. NO.1637/MUM/2012 ( + + + + / ASSESSMENT YEAR :2008-09 M/S. INDMAN MEDIA SERVICES PVT. LTD., PLOT NO. 8, SHAH INDUSTRIAL ESTATE, OFF VEERA DESAI ROAD, ANDHERI (W), MUMBAI-400 053 / VS. THE ACIT-11(1), AAYAKAR BHAVAN, MUMBAI-400 020 ', ./ -. ./ PAN/GIR NO. : AAACI 1997B ( ,/ / APPELLANT ) .. ( 01,/ / RESPONDENT ) ,/ 2 / APPELLANT BY: SHRI RAVINDER SINDHU 01,/ 3 2 / RESPONDENT BY: SHRI GYANESHWAR KATARAM 3 4) / DATE OF HEARING :25.06.2014 56+ 3 4) / DATE OF PRONOUNCEMENT :25.06.2014 !7 / O R D E R PER N.K. BILLAIYA, AM: WITH THIS APPEAL THE ASSESSEE HAS CHALLENGED THE C ORRECTNESS OF THE ORDER OF THE LD. CIT(A)-3, MUMBAI DT.31.1.2012 PE RTAINING TO A.Y. 2008-09. ITA NO. 1637/M/2012 2 2. THE SOLE GRIEVANCE OF THE ASSESSEE IS THAT THE L D. CIT(A) ERRED IN CONFIRMING THE ADDITION OF RS. 3.50 LAKHS ON ACCOUN T OF AIR INFORMATION IN RESPECT OF M/S. YASHRAJ FILMS. 3. THE ASSESSEE IS IN THE BUSINESS OF RECORDING AUD IO, VIDEO AND POST PRODUCTION STUDIO. THE RETURN FOR THE YEAR WAS FIL ED ON 30.9.2008. THE SAME WAS SELECTED FOR SCRUTINY ASSESSMENT AND STATU TORY NOTICES WERE ISSUED AND SERVED UPON THE ASSESSEE. 3.1. DURING THE COURSE OF THE ASSESSMENT PROCEEDING S, THE ASSESSEE WAS CONFRONTED WITH THE AIR INFORMATION. THE ASSESSEE WAS ASKED TO RECONCILE THE DISCREPANCY IN RESPECT OF THE AMOUNT SHOWN AS PAID BY M/S. YASHRAJ FILMS OF RS. 3.50 LAKHS. THE ASSESSEE STAT ED THAT THE SAID AMOUNT HAS BEEN WRONGLY SHOWN IN ITS NAME. THE ASSESSEE H AS NOT DONE ANY WORK IN M/S. YASHRAJ FILM. THE AO DID NOT ACCEPT A SSESSEES SUBMISSION AND ADDED RS. 3.50 LAKHS. 4. THE ASSESSEE CARRIED THE MATTER BEFORE THE LD. C IT(A) BUT WITHOUT ANY SUCCESS. 5. BEFORE US, THE LD. COUNSEL FOR THE ASSESSEE REIT ERATED THAT NO WORK HAS BEEN DONE DURING THE YEAR BY THE ASSESSEE FOR Y ASHRAJ FILMS AND THE AMOUNT HAS BEEN WRONGLY SHOWN AS RECEIVED BY M/S. Y ASHRAJ FILMS. THE LD. COUNSEL FILED A CONFIRMATION LETTER FROM M/S. Y ASHRAJ FILMS TO SUBSTANTIATE ITS CLAIM. 6. PER CONTRA, THE LD. DEPARTMENTAL REPRESENTATIVE RELIED UPON THE FINDINGS OF THE LOWER AUTHORITIES. ITA NO. 1637/M/2012 3 7. WE HAVE CAREFULLY PERUSED THE ORDERS OF THE LOWE R AUTHORITIES AND ALSO THE CONFIRMATION LETTER FILED BY M/S. YASHRAJ FILMS. WE FIND THAT THIS LETTER WAS NOT FILED BEFORE THE AO. THEREFORE, IN THE INTEREST OF JUSTICE AND FAIR PLAY, WE RESTORE THIS ISSUE TO THE FILE OF THE AO. THE ASSESSEE IS DIRECTED TO FILE THE CONFIRMATION LETTER BEFORE THE AO AND AO IS DIRECTED TO DECIDE THIS ISSUE AFRESH AFTER MAKING DUE VERIFI CATION FROM M/S. YASHRAJ FILMS AFTER GIVING REASONABLE OPPORTUNITY O F BEING HEARD TO THE ASSESSEE. 8. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF H EARING ON 25.6.2014 . !7 3 6+ 8 9!: 25.6.2014 6 3 ; SD/- SD/- (DR. S.T.M. PAVALAN) (N.K. BILLAIYA) !' /JUDICIAL MEMBER !' / ACCOUNTANT MEMBER MUMBAI; 9! DATED 25.6.2014 . . ./ RJ , SR. PS ITA NO. 1637/M/2012 4 !7 !7 !7 !7 3 33 3 04 04 04 04 <+4 <+4 <+4 <+4 / COPY OF THE ORDER FORWARDED TO : 1. ,/ / THE APPELLANT 2. 01,/ / THE RESPONDENT. 3. = ( ) / THE CIT(A)- 4. = / CIT 5. >; 04 , , / DR, ITAT, MUMBAI 6. ;& ? / GUARD FILE. !7 !7 !7 !7 / BY ORDER, 14 04 //TRUE COPY// @ @@ @ / A A A A - - - - (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI