UTN Cable Communications Pvt Ltd , Bangalore V. The Deputy Commissioner of Income TAx Circle- 7(2), Bangalore

ITA 2022/BANG/2017

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 4869 (ITAT-BANGALORE)
• Duration Of Justice: 5 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-04-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2010-2011
• Appeal Filed On: 17-10-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Depreciation; Additional evidence; Unabsorbed depreciation
• Section: 133(6)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : BANGALORE BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO , ACCOUNTANT MEMBER ITA NO. 2022/BANG/2017 ASSESSMENT YEAR : 2010 - 11 UTN CABLE COMMUNICATIONS PRIVATE LIMITED, NO.288, II FLOOR, CHINNAPPA LAYOUT, KAMANNAHALLI, BANGALORE 560 084. PAN: AAACU 4903H VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 7(2), BANGALORE. APP ELLANT RESPONDENT A PPELLANT BY : NONE RE SPONDENT BY : DR. P.V. PRADEEP KUMAR, ADDL.CIT(DR)(IT AT), BENGALURU DATE OF HEARING : 2 2 . 0 3 .201 8 DATE OF PRONOUNCEMENT : 13 . 0 4 .201 8 O R D E R PER SUNIL KUMAR YADAV, JUDICIAL MEMBER THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST T HE ORDER OF THE CIT(APPEALS) INTER ALIA ON THE FOLLOWING GROUNDS:- 1. THE COMMISSIONER OF INCOME TAX (APPEALS)'S HAS ERRED IN LAW IN UPHOLDING THE DISALLOWANCE OF RS. 1,16,28,37 9/- BEING THERE WAS NO RESPONSE RECEIVED FROM MIS CHANNEL PLU S (NOW CHANGED TO M/S SUN 18 MEDIA SERVICES SOUTH (P) LTD. ) IN PURSUANCE TO THE NOTICE ISSUED UNDER SECTION 133(6) OF THE ACT AND THE SAME IS TREATED AS UNGENUINE LIABILITIES UN DER SECTION 41(L) OF THE ACT. ITA NO.2022/BANG/2017 PAGE 2 OF 4 2. THE COMMISSIONER OF INCOME TAX (APPEALS)'S HAS E RRED IN NOT ACCEPTING ADDITIONAL EVIDENCE IN RESPECT OF APP EAL FILED VID LETTER FILED ON 11-08-2017, WHICH WAS NOT SUBMITTED TO THE ASSESSING OFFICER DURING THE ASSESSMENT PROCEEDINGS UNDER RULE 46A OF THE INCOME TAX RULES IN RESPECT OF M/S CHANN EL PLUS (NOW CHANGED TO M/S SUN 18 MEDIA SERVICES SOUTH (P) LTD.) ON GROUNDS THAT THE APPELLANT FAILS TO FURNISH DOCUMEN TS BEFORE THE ASSESSING OFFICER IN RESPECT OF M/S SUN 18 MEDIA SE RVICES SOUTH (P) LTD. 3. THE COMMISSIONER OF INCOME TAX (APPEALS)'S ERRED IN UPHOLDING DISALLOWANCE OF RS. 26,55,606/- BEING THE DIFFERENCE BETWEEN THE AMOUNT OF CLOSING BALANCE AS PER CONFIR MATION RECEIVED FROM MIS USHODAYA ENTERPRISES P. LTD. (ETV ) IN PURSUANCE TO THE RESPONSE TO NOTICE ISSUED UNDER SE CTION 133(6) OF THE INCOME TAX ACT, 1961 (THE ACT) AS UNGENUINE LIA BILITIES UNDER SECTION 41 (1) OF THE ACT. 4. THE COMMISSIONER OF INCOME TAX (APPEALS)'S HAS E RRED IN LAW IN UPHOLDING THE ADDITION MADE BY THE ASSESSING OFFICER IN RESPECT OF OUTSTANDING ENTERTAINMENT TAX LIABILITY AMOUNTING TO RS. 31,44,424/-. 5. WITHOUT PREJUDICE TO WHAT IS STATED IN ABOVE, TH E LEARNED INCOME-TAX OFFICER ERRED IN LAW IN NOT ADJUSTING TH E BROUGHT FORWARD UNABSORBED DEPRECIATION OF THE EARLIER YEAR S AGAINST THE NET TAXABLE INCOME WHILE COMPUTING THE TAX LIABILIT Y. 6. THE COMMISSIONER OF INCOME TAX (APPEALS)'S HAS E RRED IN LAW IN UPHOLDING LEVY OF INTEREST UNDER SECTION 234 B OF THE ACT, AMOUNTING TO RS. 19,08,418/-. 7. THE COMMISSIONER OF INCOME TAX (APPEALS)'S HAS E RRED IN LAW IN UPHOLDING LEVY OF INTEREST UNDER SECTION 234 D OF THE ACT, AMOUNTING TO RS. 34,085/-. 8. THE APPELLANT SUBMITS THAT THE LEARNED INCOME-T AX OFFICER BE DIRECTED: A) TO DELETE ADDITION OF A SUM OF RS. 1,16,28,379/- MADE ON ACCOUNT OF DIFFERENCE IN THE CLOSING BALANCE OF MIS CHANNEL PLUS; ITA NO.2022/BANG/2017 PAGE 3 OF 4 B) TO ADMIT ADDITIONAL EVIDENCE FILED UNDER RULE 46 A OF THE INCOME-TAX RULES IN RESPECT OF MIS CHANNEL PLUS (NO W CHANGED TO MIS SUN 18 MEDIA SERVICES SOUTH (P) LTD. ) C) TO DELETE ADDITION OF A SUM OF RS. 26,55,606/- M ADE ON ACCOUNT OF DIFFERENCE IN THE CLOSING BALANCE OF M/S USHODAYA ENTERPRISES; D) WITHOUT PREJUDICE TO THE ABOVE, TO ADJUST THE BR OUGHT FORWARD UNABSORBED DEPRECIATION AGAINST THE NET TAXABLE INC OME ARRIVED AFTER MAKING THE DISALLOWANCES, WHILE COMPU TING THE TAX LIABILITY; E) TO DELETE THE LEVY OF INTEREST UNDER SECTION 234 B OF THE ACT AMOUNTING TO RS. 19,08,418/-; F) TO DELETE THE LEVY OF INTEREST UNDER SECTION 234 D OF THE ACT AMOUNTING TO RS. 34,085/-; AND TO MODIFY THE ASSESSMENT IN ACCORDANCE WITH THE PROVISIONS OF LAW. 9. EACH OF THE ABOVE GROUNDS OF APPEAL IS INDEPENDE NT AND WITHOUT PREJUDICE TO EACH OTHER. 10. THE APPELLANT CRAVES LIBERTY TO ADD, TO ALTER A ND/OR AMEND THE GROUNDS OF APPEAL AS AND WHEN GIVEN. 2. THIS APPEAL IS LISTED FOR HEARING ON 22.03.2018, BUT NONE APPEARED FOR THE ASSESSEE. ON A CAREFUL PERUSAL OF THE REC ORD, WE FIND THAT NOTICE HAS BEEN ISSUED TO THE ASSESSEE. THEREFORE, DESPITE HAVING KNOWLEDGE OF THE DATE FIXED FOR HEARING, THERE WAS NO APPEARANCE FROM THE ASSESSEE. ACCORDINGLY, WE HAVE NO OPTION, BUT TO HEAR THE APP EAL EX PARTE, QUA THE ASSESSEE . 3. WE HAVE, HOWEVER, CAREFULLY EXAMINED THE ORDER O F CIT(APPEALS) CONFIRMING THE ADDITION MADE BY THE AO AND WE FIND NO INFIRMITY IN THE ORDER OF CIT(APPEALS). ACCORDINGLY THE APPEAL IS REJECT ED. ITA NO.2022/BANG/2017 PAGE 4 OF 4 4. IN THE RESULT, THE APPEAL OF ASSESSEE IS DISMISS ED. PRONOUNCED IN THE OPEN COURT ON THIS 13 TH DAY OF APRIL, 2018. SD/- SD/- ( INTURI RAMA RAO ) ( SUNIL KUMAR YADAV ) ACCOUNTANT MEMBER JUDICIAL MEMBER BANGALORE, DATED, THE 13 TH APRIL, 2018. / D ESAI S MURTHY / COPY TO: 1. APP ELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY ITAT, BANGALORE.