2014 (10) TMI 183

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.... channels and derives income from salary, business and other sources. The assessee filed return of income for the Assessment year 2009-2010 admitting a total income of Rs. 16,07,190/-. The case was selected for scrutiny and notice under sec.143(2) of the Income Tax Act 1961 (hereinafter referred to as Act") dated 18.8.2010 was issued. 3. During the course of assessment proceedings, the Assessment Officer raised a question whether the assessee had deducted TDS under SEC.194J. The assessee furnished explanation for not deducting TDS and claimed that the purchase of film copy right is neither covered under 194J nor under sec.194C of the Act. The assessee further claimed that the assessee is in the business of buying and selling satellite ri....

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....also found that the payments made would fall within the definition of Royalty and in that situation, the assessee was duty bound under Sec.194J to deduct tax at source on the payments effected, such deductions having not been made rigors of Sec.40 )a)(ia) stood attracted. 8. As far as the cross objection is concerned, the Tribunal accepted the contention of the assessee that his arguments before the CIT Appeals, challenging the disallowance under sec.40(a)(ia) of the Act, has not been considered on merits and restored the cross objection with a direction to the CIT Appeals to consider disallowance under sec.40(a)(ia) of the Act in accordance with law. Consequently, the revenue appeals as well as the cross objections were allowed. 9. A....

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....he CIT Appeal and set aside the order of the Tribunal. 13. The learned counsel for the assessee would submit that the facts and circumstances of the case cited supra are similar to the case on hand and urged this court to allow the appeal and restore the findings of CIT Appeal. 14. Heard the counsel for the Revenue. The learned counsel submitted that the facts are distinguishable from one pertaining to the above matter and hence not applicable to the case on hand. 15. We have considered the submissions made on either side and perused the materials available on record. 16. The perusal of the facts and circumstances of the case in hand and perusal of the facts and circumstances of the case in Vol (2014) 221 TAXMAN 225 (Mrs.K. Bhag....