JCIT (TDS)(OSD)-2(3), MUMBAI V. NEO SPORTS BROADCAST PVT. LTD., MUMBAI

ITA 3952/MUM/2018

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 6103 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 3 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 04-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K JAIN
• Keywords: Tax effect; TDS

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH B , MUMBAI BEFORE SHRI C.N. PRASAD , HONBLE JUDICIAL MEMBER AND SHRI RAJESH KUMAR, HONBLE ACCOUNTANT MEMBER ITA NO S . 3951, 3952 & 3953 /MUM/201 8 (A.Y S : 2010 - 11, 2011 - 12 & 2012 - 13) J CIT (TDS)(OSD) 2(3) 718, 7 TH FLOOR SMT K.G. MITTAL AYURVEDIC HOSPITAL BUILDING CHARNI ROAD (W) MUMBAI 400 002 V. M/S. NEO SPORTS BROADCAST PVT. LTD., ZION 3 RD FLOOR NIMBUS CENTRE, OBEROI COMPLEX ANDHERI (W), MUMBAI 400 053 PAN NO: AACCN2854Q (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE DEPARTMENT BY : SHRI S.K. JAIN DATE OF HEARING : 19.09.2019 DATE OF PRONOUNCEMENT : 19 .09 .2019 O R D E R PER C.N. PRASAD (JM) ALL THESE APPEAL S ARE FILED BY THE REVENUE AGAINST DIFFERENT ORDER S OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) - 60 , MUMBAI [HEREINAFTER IN SHORT LD.CIT(A)] DATED 26.03.2018 FOR THE ASSESSMENT YEAR S 2010 - 11, 2011 - 12 AND 2012 - 13. 2. THE REVENUE HAS RAISED THE FOLLOWING COMMON GROUNDS IN ITS APPEAL S EXCEPT FOR FIGURES : - 2 ITA NOS. 3951, 3952 & 3953/MUM/2018 (A.YS: 2010 - 11, 2011 - 12 & 2012 - 13) 1.1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE CIT(A) ERRED IN EXCLUDING BANK GUARANTEE COMMISSION FROM THE PURVIEW OF SECTION 194A, EVEN WHEN THE PAYMENT WAS MADE PRIOR TO CBDT'S NOTIFICATION NO.56/2012 DATED 31.12.2012?' 1.2. ON THE F ACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE CIT(A) ERRED BY HOLDING THAT THE GUARANTEE COMMISSION DOES NOT COME UNDER THE PURVIEW OF DEFINITION OF INTEREST AS ENVISAGED IN SECTION 2(28A) AS PER CBDT'S CIRCULAR DATED 05.07.1976?' 3. AT THE TIME O F HEARING LD. DR HAS STATED THAT THE TAX EFFECT ON THE ISSUE IN THE PRESENT APPEAL S IS BELOW . 5 0 LAC S AND IN VIEW OF THE CBDT CIRCULAR NO. 17 /201 9 DATED 08.08.2019 IN F.NO.279/MISC.142/2007 - ITJ (PT) , THE APPEAL S OF THE REVENUE ARE NOT MAINTAINABLE. IN VIEW OF THE ABOVE SUBMISSIONS WE DISMISS THE APPEAL S OF THE REVENUE ON ACCOUNT OF LOW TAX EFFECT. 4. IN THE RESULT, APPEAL S OF THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE COURT ON 19 TH SEPTEMBER, 2019 SD/ - SD/ - ( RAJESH KUMAR ) (C.N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI / DATED 19/09/2019 GIRIDHAR, SR.PS COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY// BY ORDER, (ASSTT. REGISTRAR) ITAT, MUM