2016 (1) TMI 986

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....n of Rs. 9,66,024/- made on account of nondeducting of TDS, on payment to non-media entity. 2. On the facts and in the circumstances of the case, the Ld. Commissioner of Income-Tax (Appeals)-XIV, Ahmedabad ought to have upheld the order of the Assessing Officer. 3. It is therefore, prayed that the order of the Ld. Commissioner of Income-Tax (Appeals)-XIV, Ahmedabad may be set-aside and that of the Assessing Officer be restored. 2. The brief facts of the case are that the assessee - an advertising agency - is engaged in the business of advertising and marketing, exclusively in the print media. The Assessing Officer made disallowance of Rs. 10,12,290/- on account of non-deduction of TDS on payment to non-media entity. ....

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....ed by the newspaper to the Radiant Media and to the assessee. It is only the discount which is subsequently adjusted which gives the profit to the assessee company as well as the Radiant Media. 2.3 In view of these facts, the CIT(A) observed that the payment on account of advertisement which has been received by the assessee from the client i.e. the person who is giving advertisement in the newspaper/media is subjected to TDS and is received after deduction of tax from the same. Out of the payment so received, the assessee pass on the payment to Radiant Media which has raised a bill of same amount which was raised by the assessee to the client after adjusting the discount. Further, Radiant Media again pays the amount to the press or the ....