2014 (10) TMI 1037

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.... For the Respondent : Shri N. Devanathan, Advocate ORDER PER S.S.GODARA, JUDICIAL MEMBER This Revenue's appeal for assessment year 2009-10, is directed against order of the Commissioner of Income-tax (Appeals)- II Chennai dated 22.1.2014, passed in Appeal No.515/13-14, allowing the assessee's TDS claim of Rs. 1,02,58,243/- made on subscription charges, in proceedings under section of the....

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.... entity. The Assessing Officer held in assessment order dated 30.12.2011 that TDS credit relevant to subscription charges of Rs. 1,02,58,243/- could not be allowed in the assessee's hands u/s 199 in view of 1st and 2^nd proviso. This resulted in impugned disallowance/addition. 4. The assessee preferred an appeal. The CIT(A) has acceptedthe aforesaid TDS credit claim in view of the tribunal'....

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....ing commission income. M/s. Sun TV Network Ltd., had engaged the services of the assessee for collection of the subscription amount against commission. However, the cable operators at the time of payment of subscription, deducted the tax at source and remitted the remaining amount to the assessee. The subscription collected by the assessee is not its income and hence is not taxable in the hands of....

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....., the assessee is entitled to receive credit of the tax deducted at source u/s. 199 of the Act subject to production of TDS Certificates received from respective deductors. The levy of tax on the commission received would amount to double taxation. 4. The other grounds for invoking the provisions of section263 are consequential to the main issue discussed above. Since, we are striking th....