CCN DEN NETWORK PVT. LTD., NEW DELHI V. ADDL. CIT, RANGE- 5, NEW DELHI

ITA 7272/DEL/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 9802 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 3 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 06-12-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: TDS
• Section: 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI B BENCH: NEW DELHI (THROUGH VIDEO CONFERENCING ) BEFORE SHRI P.MAHARISHI, ACCOUNTANT MEMBER AND SHRI K. NARSIMHA CHARY, JUDICIAL MEMBER ITA NO.7272/DEL/2017 ASSESSMENT YEAR : 2014-15 CCN DEN NETWORK PVT.LTD., C-1/9, KRISHAN NAGAR, NEW DELHI-110051. PAN-AAECC6262B VS ADDL. CIT, RANGE-5, NEW DELHI APPELLANT RESPONDENT APPELLANT BY SH. R.S.SINGHVI, CA & SH. SATYAJEET GOEL, CA RESPONDENT BY SH. RAJESH KUMAR, SR.DR DATE OF HEARING 1 0 .03.2021 DATE OF PRONOUNCEMENT 10 .03.2021 ORDER PER K.NARSIMHA CHARY, J.M. : THIS APPEAL FILED BY THE ASSESSEE CHALLENGING THE ORDER D ATED 22.09.2017 IN APPEAL NO.10594/16-17 OF CIT(A)-2 PASSED BY LD. COMMISSIONER OF INCOME TAX (APPEALS)-2, NEW DELHI [LD. CIT( A)] FOR ASSESSMENT YEAR 2014-15. 2. BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE IS A C OMPANY ENGAGED IN THE BUSINESS OF MULTI SYSTEM OPERATOR (MSO) AND UNDE RTOOK THE ACTIVITIES LIKE PLACEMENT SERVICES, ACTIVATION SERVICES AND SU BSCRIPTION SERVICES. IN SO FAR AS THE APPEAL IS CONCERNED, THE ONLY DISPUTE IS IN RESPECT OF THE CLAIM FOR TDS. ASSESSEES GRIEVANCE IS TH AT NON-ALLOWANCE OF CREDIT OF TDS DEDUCTED BY CERTAIN PARTIES IN RELATION TO THE INCOME WHICH WAS REFLECTED IN ASSESSEES RETURN FOR THE EARLIER ASSESSM ENT YEARS. ON THIS ASPECT, THERE IS NO DISPUTE. ACCORDING TO THE LD .AR, WHEN ONCE ITA NO.-7272 /DEL/2017 2 THE TDS WAS AFFECTED BY CERTAIN PARTIES IN RESPECT OF CER TAIN RECEIPTS WHICH WERE DECLARED BY THE ASSESSEE IN THE RETURN OF INC OME, CREDIT MUST BE GIVEN IN SAME YEAR OR THE OTHER. SINCE THE ASSESSM ENT PROCEEDINGS ARE CONCLUSIVE FOR THE EARLIER ASSESSMENT YEAR, THE ASSE SSEE CLAIMS THE ALLOWANCE OF SUCH CREDIT OF TDS IN THIS YEAR. 3. LD.CIT(A) OBSERVED THAT IN ACCORDANCE WITH SECTION 199 OF THE INCOME TAX ACT, 1961 (THE ACT) R.W. RULE 37BA OF I.T.R ULES (THE RULES), THE ASSESSING OFFICER WAS JUSTIFIED IN NOT ALLOWING CREDIT FOR T HE AMOUNT OF TDS FOR WHICH CORRESPONDING INCOME HAS BEEN OFFERED TO TAX IN ANOTHER ASSESSMENT YEAR. 4. ON THIS ASPECT, THE LD.AR DID NOT BRING TO OUR NOTICE ANY PROVISION OF LAW OR PRECEDENT MANDATING ALLOWANCE OF TDS CREDIT IN A YEAR OTHER THAN THE YEAR IN WHICH THE ASSESSEE DECLARED THE CORRE SPONDING RECEIPT. IN THESE CIRCUMSTANCES, WE DO NOT FIND ANY SUBSTANCE IN THE APPEAL. AT BEST, THE REMEDY OF THE ASSESSEE LIES IN PREFERRING AN APP LICATION U/S 154 OF THE ACT WHICH THE ASSESSING OFFICER WILL CONSIDER ACCORDIN G TO LAW. WE ACCORDINGLY, DISMISS THE GROUNDS OF APPEAL RAISED BY THE ASSESSEE WITH THE ABOVE OBSERVATION. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 10 TH MARCH, 2021, IMMEDIATELY ON CONCLUSION OF HEARING IN VIRTUAL MODE. SD/- SD/- (P.MAHARISHI) (K.NARSIMHA CHARY) ACCOUNTANT MEMBER JUDICIAL MEMB ER DATED:-10 TH MARCH, 2021. * AMIT KUMAR * ITA NO.-7272 /DEL/2017 3 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI