TaxTMI 
TaxTMI 
2017 (2) TMI 789
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....h Joshi & Manoj Dixit Revenue by: Shri M. C. Omi Ningshen "1(a) The appellant submits that the learned Commissioner of Income Tax (Appeals) erred in upholding the action of learned Tax Recovery Officer (hereinafter referred to as "the Assessing Officer") that payment for pay channel cost amounting to Rs. 2,40,62,454/- and feed charges amounting to Rs. 24,78,250/- made to distributor of signal is a contract for work and liable for deduction under section 194C of the Act and accordingly erred in holding that the assessee is an assessee in default under section 201(1) of the Act. (b) The appellant submits that as regards payments for cost of pay channels, the payees merely distribute signals to the appellant and accordingly, there is no ....
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.... amounting to a sum of Rs. 5,57,355/-. (iii) to delete the interest levied under section 201(1A) of the Act amounting to a sum of Rs. 5,85,269/- and to modify the order as per the provisions of the law. 4. Each of the above grounds of appeal are independent and without prejudice to each other. 5. The appellant craves liberty to add, to alter and /or amend the grounds of appeal as and when given." Additional Grounds:- 1. The appellants submits that a survey action under section 133(A) of the Act 1961 was conducted in the case of M/s.Hathway Nasik Cable Network Pvt. Ltd. on 17.09.2003 at their office premises and corporate finance department situated at 4th floor, Raheja, Corner of Main Avenue & V.P.Road, Santacruz West Mumbai ....
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....dings under section 201(1)/201(1A) were admittedly initiated beyond the period of three years from the end of the relevant assessment year as also beyond the period of four years from the end of the financial years. Consequently, the Tribunal had correctly concluded that the proceedings were beyond time. CIT V. Satluj Jal Vidyut Nigam Ltd. [(2012) 345 ITR 552 (HP HC)] The Hon'ble High court held that, even if no period of limitation is prescribed, the statutory power must be exercised within a reasonable period. This reasonable period taking into consideration the various provisions of the Income Tax Act, 1961, has been held to be four years and accordingly, held that order under section 201(1)/201(1A) of the Act passed by the Assessi....
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....V.P.Road, Santacruz(W), Mumbai - 400054. During the course of survey proceedings, it was found from the assessee company's P & L account and balance sheet that, the company has failed to deduct tax at source on the expenses claimed under following heads. The details of which are as under:- S. Nos. NAME OF THE COMPANY F.Y. FEED CHARGES PAY CHANNELS COST 1 M/s. Hathway Nasik Cable Network Pvt. Ltd. 2003-04 24,78,250/- 2,40,62,454/- As the assessee failed to deduct tax at source on these expenses as required u/s.194C of the Act therefore a show cause notice dated 23.09.2003 was issued and served upon the assessee on 24.09.2004. Thereafter, the assessee filed the reply dated 02.10.2003, 12.02.2004, 05.....
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....ernational Taxation) Vs. Mahindra & Mahindra Ltd. [2014] 365 ITR 560, and the case decided by Hon'ble Income Tax Appellate Tribunal, Mumbai bench in ITA Nos.3512 to 3514/Mum/2004 for A.Y.2002-03 to 2004-05 in case of Hatway Cable and Datacom Limited (Formerly known as Hathway Cable and Datacom Pvt. Ltd.) Vs. The Tax Recovery Officer (TDS.) in assessee's own case dated 07.09.2016. On the other hand, learned representative of the department has refuted the said contentions. By giving careful thoughts of the argument advanced by the Ld representative of the parties and perusing the record carefully, it came into the notice that the Assessing Officer issued the show cause notice dated 23.09.2003 and 24.09.2004 u/s.201(1A) of the Act and subsequ....