SONY PICTURES NETWORKS INDIA P. LTD. (AS SUCESSOR TO MSM DISCOVERY P. LTD.), MUMBAI V. PR. CIT, CENTRAL-2, MUMBAI

ITA 164/MUM/2021

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 4074 (ITAT-MUMBAI)
• Duration Of Justice: 7 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-10-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2013-2014
• Appeal Filed On: 18-02-2021
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PRABHAT GUPTA
• Assessee Lawyers: RITESH THAKKAR
• Section: 143(3); 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL , G BENCH MUMBAI BEFORE : SHRI SAKTIJIT DEY, JUDICIAL MEMBER & SHRI M.BALAGANESH, A CCOUNTANT MEMBER ITA NO. 164 /MUM/ 20 21 ( ASSESSMENT YEAR : 2013 - 14 ) M/S. SONY PICTURES NETWORKS INDIA PRIVATE LIM ITED (AS A SUCCESSOR TO MSM DISCOVERY PRIVATE LIMITED) INTERFACE BUILDING, 7, 4 TH FLOOR, OFF. MALAD LINK ROAD, MALAD (W) MUMBAI 400 064 VS. PRINCIPAL COMMISSIONER OF INCOME - TAX, CENTRAL - 2 ROOM NO.1920, AIR INDIA BUILDING NARIMAN POINT MUMBAI 400 021 PAN/GIR NO. SPNI - AABCS1728D / MSMD - AAGCS4253E (APPELLANT ) .. (RESPONDENT ) ASSESSEE BY SHRI RITESH THAKKAR REVENUE BY SHRI PRABHAT GUPTA DATE OF HEARING 0 4 / 10 /2021 DATE OF PRONOUNCEMENT 04/10 /202 1 / O R D E R PER M. BALAGA NESH (A.M) : THIS APPEAL IN ITA NO. 164/MUM/2021 FOR A.Y. 2013 - 14 PREFERRED BY THE ORDER AGAINST THE REVISION ORDER OF THE LD. PRINCIPAL COMMISSIONER OF INCOME TAX - 2, MUMBAI U/S. 263 OF THE ACT DATED 16/03/2020 FOR THE A.Y.2013 - 14. ITA NO . 164/MUM/2021 M/S. SONY PICTURES NETWORKS INDIA PRIVATE LIMITED (AS A SUCCESSOR TO MSM DISCOVERY PRIVATE LIMITED) 2 2. ASSESSEE HAS FILED A LETTER DATED 01/10/2021 BEFORE US SEEKING WITHDRAWAL OF THE APPEAL AS THE ASSESSEE GOT THE DESIRED RELIEF IN THE GIVING EFFECT PROCEEDING S TO SECTION 263 ORDER. THE IMPUGNED APPEAL IS AGAINST THE 263 ORDER PASSED BY THE LD. PCIT. T HE CONTENTS OF THE WITHD RAWAL LETTER DATED 01/10/2021 ARE AS UNDER: - WE REFER TO THE CAPTIONED APPEAL FILED BY THE COMPANY AND THE HEARING SCHEDULED BEFORE YOUR HONORS IN RESPECT OF THE SAME ON 4 OCTOBER 2021. IN THIS CONNECTION, ON BEHALF OF AND UNDER THE INSTRUCTIONS OF OUR CLIENT, SPNI, WE WISH TO SUBMIT AS UNDER: THE ABOVE APPEAL HAS BEEN PREFERRED BEFORE YOUR HONORS AGAINST ORDER PASSED BY THE LEARNED PRINCIPAL COMMISSIONER OF INCOME - TAX, CENTRAL - 2 ('PCIT') UNDER SECTION 263 OF THE INCOME - TAX ACT, 1961 ('THE ACT') DATE D 16 MARCH 2020. THE LEARNED PCIT VIDE SUCH ORDER HAD HELD THAT FINAL ASSESSMENT ORDER PASSED BY THE LEARNED ASSESSING OFFICER ('AO) DATED 23 OCTOBER 2017 IS ERRONEOUS AND PREJUDICIAL TO THE INTEREST OF THE REVENUE AND SET - ASIDE THE ORDER OF AO TO EXAMINE FEW ISSUES AFRESH. SUBSEQUENTLY, DURING THE FRESH ASSESSMENT PROCEEDINGS, THE ASSESSEE FILED VARIOUS SUBMISSIONS ALONG WITH DOCUMENTARY EVIDENCES BEFORE THE LEARNED AO WITH RESPECT TO THE ISSUES SET - ASIDE BY THE LEARNED PCIT TO ESTABLISH THAT THERE WAS NO INFIRMITY IN THE FINAL ASSESSMENT ORDER PASSED BY THE LEARNED AO DATED 23 OCTOBER 2017. BASED THEREON, THE LEARNED AO PASSED AN ORDER UNDER SECTION 143(3) R.W.S. 263 OF THE ACT DATED 21 SEPTEMBER 2021 ACCEPTING THE ABOVE SUBMISSIONS MADE BY THE ASSESSEE A ND HAS NOT MADE ANY ADDITIONS TO THE TOTAL INCOME AS DETERMINED IN THE FINAL ASSESSMENT ORDER DATED 23 OCTOBER 2017 (COPY OF THE ORDER IS ENCLOSED HEREWITH AS ANNEXURE 1). IN VIEW OF THE ABOVE, AS THERE IS NO GRIEVANCE ARISING TO THE ASSESSEE PURSUANT TO THE FRESH ASSESSMENT PROCEEDINGS, THE ASSESSEE WISHES TO WITHDRAW THE APPEAL CHALLENGING THE JURISDICTION OF THE LEARNED PCIT FOR PASSING AN ORDER UNDER SECTION 263 OF THE ACT. WE REQUEST YOUR HONORS TO KINDLY TAKE THE ABOVE ON RECORD AND OBLIGE. 3. IN VIEW OF THE ABOVE, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ITA NO . 164/MUM/2021 M/S. SONY PICTURES NETWORKS INDIA PRIVATE LIMITED (AS A SUCCESSOR TO MSM DISCOVERY PRIVATE LIMITED) 3 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 04/10/2021. SD/ - ( SAKTIJIT DEY ) SD/ - (M.BALA GANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 04 / 10 / 2021 KARUNA , SR.PS COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FIL E. //TRUE COPY//