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2013 (12) TMI 900

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.... Network Ltd. The assessee is collecting subscriptions on behalf of M/s. Sun TV Network Ltd., from various cable operators. For the services rendered by the assessee, the assessee is receiving commission from M/s. Sun TV Network Ltd. The cable operators while making payments towards subscription charges to the assessee, deduct tax at source. Whereas, the assessee is reimbursing the gross amount to M/s. Sun TV Network Ltd., For the AY. 2006-07, the assessee filed its return of income declaring its income as Rs. 2,08,66,850/- . The case of the assessee was taken up for scrutiny and notice u/s. 143(2) of the Act was issued to the assessee. The Assessing Officer vide order dated 03-12-2008 completed the assessment by accepting the income return....

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....nce of Rs. 1,80,68,601/- between the income as per TDS certificates and income as per Profit and Loss Account". The assessee filed objections against the issuance of show cause notice but the CIT proceeded on to pass impugned order u/s. 263 of the Act. Aggrieved against the order of CIT dated 16-03-2011 passed u/s. 263 of the Act, the assessee has come in appeal before the Tribunal. 3. From the perusal of the facts which have not been disputed by the Revenue, it is clear that the assessee has remitted the entire gross amount received from the cable operators to M/s. Sun TV Network Ltd., The amount remitted by the assessee to M/s. Sun TV Network Ltd., includes the amount of TDS deducted by the cable operators at the time of payment ....