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

ITA 7272/DEL/2017 | 2014-2015
Pronouncement Date: 10-03-2021 | Result: Dismissed

Appeal Details

RSA Number 727220114 RSA 2017
Assessee PAN AAECC6262B
Bench Delhi
Appeal Number ITA 7272/DEL/2017
Duration Of Justice 3 year(s) 3 month(s) 4 day(s)
Appellant CCN DEN NETWORK PVT. LTD., NEW DELHI
Respondent ADDL. CIT, RANGE- 5, NEW DELHI
Appeal Type Income Tax Appeal
Pronouncement Date 10-03-2021
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted B
Tribunal Order Date 10-03-2021
Assessment Year 2014-2015
Appeal Filed On 06-12-2017
Judgment 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