JCIT, (TDS)(OSD)-2(3), Mumbai v. Neo Sports Broadcast Pvt. Ltd
[Citation -2019-LL-0919-121]

Citation 2019-LL-0919-121
Appellant Name JCIT, (TDS)(OSD)-2(3), Mumbai
Respondent Name Neo Sports Broadcast Pvt. Ltd.
Court ITAT-Mumbai
Relevant Act Income-tax
Date of Order 19/09/2019
Assessment Year 2010-11
Judgment View Judgment
Keyword Tags guarantee commission • bank guarantee • low tax effect
Bot Summary: The Revenue has raised the following common grounds in its appeals except for figures: - 2 ITA Nos. 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. At the time of hearing Ld. DR has stated that the tax effect on the issue in the present appeals is below. 50 Lacs and in view of the CBDT Circular No. 17/2019 dated 08.08.2019 in F.No. 142/2007-ITJ, the appeals of the Revenue are not maintainable. In view of the above submissions we dismiss the appeals of the Revenue on account of low tax effect. In the result, appeals of the Revenue are dismissed.


IN INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH B , MUMBAI BEFORE SHRI C.N. PRASAD, HON BLE JUDICIAL MEMBER AND SHRI RAJESH KUMAR, HON BLE ACCOUNTANT MEMBER ITA Nos. 3951, 3952 & 3953/MUM/2018 (A.Ys: 2010-11, 2011-12 & 2012-13) JCIT (TDS)(OSD) 2(3) v. M/s. Neo Sports Broadcast Pvt. Ltd., 718, 7th Floor Zion 3rd Floor Smt K.G. Mittal Ayurvedic Nimbus Centre, Oberoi Complex Hospital Building Andheri (W), Mumbai 400 053 Charni Road (W) Mumbai 400 002 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 ORDER PER C.N. PRASAD (JM) All these appeals are filed by Revenue against different orders of Learned Commissioner of Income Tax (Appeals)-60, Mumbai [hereinafter in short Ld.CIT(A) ] dated 26.03.2018 for Assessment Years 2010-11, 2011-12 and 2012-13. 2. Revenue has raised following common grounds in its appeals except for figures: - 2 ITA Nos. 3951, 3952 & 3953/MUM/2018 (A.Ys: 2010-11, 2011-12 & 2012-13) 1.1. On facts and in circumstances of case and in law, CIT(A) erred in excluding bank guarantee commission from purview of Section 194A, even when payment was made prior to CBDT's Notification No.56/2012 dated 31.12.2012?" 1.2. On facts and in circumstances of case and in law, CIT(A) erred by holding that guarantee commission does not come under purview of definition of interest as envisaged in Section 2(28A) as per CBDT's Circular dated 05.07.1976?" 3. At time of hearing Ld. DR has stated that tax effect on issue in present appeals is below .50 Lacs and in view of CBDT Circular No. 17/2019 dated 08.08.2019 in F.No.279/Misc.142/2007-ITJ (Pt), appeals of Revenue are not maintainable. In view of above submissions we dismiss appeals of Revenue on account of low tax effect. 4. In result, appeals of Revenue are dismissed. Order pronounced in Court on 19th September, 2019 Sd/- Sd/- (RAJESH KUMAR) (C.N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai / Dated 19/09/2019 Giridhar, Sr.PS Copy of Order forwarded to: 1. Appellant 2. Respondent. 3. CIT(A), Mumbai. 4. CIT 5. DR, ITAT, Mumbai 6. Guard file. True Copy BY ORDER, (Asstt. Registrar) ITAT, Mum JCIT, (TDS)(OSD)-2(3), Mumbai v. Neo Sports Broadcast Pvt. Ltd
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