2018 (12) TMI 1642

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.... the first issue arises for consideration is addition of Rs. 12,84,362/-. According to the Ld. representative, the assessee has received an advance of Rs. 30 lakhs from one Shri V. Radhakrishnan. The said Shri V. Radhakrishnan has also filed confirmation by way of affidavit, copy of which is available at page 17 of paper-book. Referring to the copies of bank statement, copy of which are available at pages 14-16 of paper-book, the Ld. representative submitted that the entire advance was received by way of cheque through banking channel. This fact was not considered by either of the authorities below. 3. We heard Shri M. Mathivanan, the Ld. Departmental Representative also. The assessee claims that the advance of Rs. 30 lakhs from Shri V. ....

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....erefore, according to the Ld. representative, it needs to be allowed. 6. We heard Shri M. Mathivanan, the Ld. D.R. also. As per the agreement between the assessee and the film producer, the assessee has to produce the film and hand over it to the producer. The marketing and advertisement made for the purpose of exhibition of film are the functions of the producer and not the Director. The role of the director is only to direct the film and after completion, it has to be handed over to the producer. It is for the producer to make necessary advertisement, if any, to exhibit the same for public view. In view of the above, this Tribunal is of the considered opinion that the expenditure of Rs. 18,06,000/- is not for the business of the assess....