VIACOM 18 MEDIA PVT LTD,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX-16(1), MUMBAI

Viacom 18 Media Pvt. Ltd. Viacom 18 Media Pvt. Ltd. 3 4608 & 4658/MUM/2024

TAX CALCULATIONS TAX CALCULATIONS 38. GROSS TAX GROSS TAX 81,26,751 81,26,751 39. REBATE REBATE 0 40. SURCHARGE SURCHARGE 8,12,675 8,12,675 41. EDUCATION CESS EDUCATION CESS 1,78,789 1,78,789

Viacom 18 Media Pvt. Ltd. Viacom 18 Media Pvt. Ltd. 4 4608 & 4658/MUM/2024

Viacom 18 Media Pvt. Ltd. Viacom 18 Media Pvt. Ltd. 5 4608 & 4658/MUM/2024

3. On further appeal, the Ld. CIT(A) adjudicated the issue in On further appeal, the Ld. CIT(A) adjudicated the issue in On further appeal, the Ld. CIT(A) adjudicated the issue in dispute as under:

The contention of the Appellant has been that the order of the The contention of the Appellant has been that the order of the The contention of the Appellant has been that the order of the Hon'ble ITAT was passed on 03.09.2021 and the same was Hon'ble ITAT was passed on 03.09.2021 and the same was Hon'ble ITAT was passed on 03.09.2021 and the same was served on learned AO as well as the Principal CIT Range 8, served on learned AO as well as the Principal CIT Range 8, served on learned AO as well as the Principal CIT Range 8, Mumbai in December 2021. Since the order of the Hon'ble ITAT Mumbai in December 2021. Since the order of the Hon'ble ITAT Mumbai in December 2021. Since the order of the Hon'ble ITAT has been served in has been served in the office of the concerned PCIT by December the office of the concerned PCIT by December 2021, and there is no fresh assessment to be made pursuant to 2021, and there is no fresh assessment to be made pursuant to 2021, and there is no fresh assessment to be made pursuant to Viacom 18 Media Pvt. Ltd. Viacom 18 Media Pvt. Ltd. 6 4608 & 4658/MUM/2024 Hon'ble ITAT's order dated 03.09.2021, the provisions of Section Hon'ble ITAT's order dated 03.09.2021, the provisions of Section Hon'ble ITAT's order dated 03.09.2021, the provisions of Section 153(5) are very clear that the order giving effect to such ITAT's 153(5) are very clear that the order giving effect to such ITAT's 153(5) are very clear that the order giving effect to such ITAT's order should be g order should be given within 3 months from the date on which iven within 3 months from the date on which Hon'ble ITAT's order was served in the office of the concerned Hon'ble ITAT's order was served in the office of the concerned Hon'ble ITAT's order was served in the office of the concerned PCIT. However the appellant has not been able to provide any PCIT. However the appellant has not been able to provide any PCIT. However the appellant has not been able to provide any documentary proof in favour of his argument. The contention of documentary proof in favour of his argument. The contention of documentary proof in favour of his argument. The contention of the appellant that order the appellant that order was served on AO and Principal CIT was served on AO and Principal CIT Range 8 in December 2021 is not supported by any documentary Range 8 in December 2021 is not supported by any documentary Range 8 in December 2021 is not supported by any documentary proof and in view of the same Ground of appeal of the appellant is proof and in view of the same Ground of appeal of the appellant is proof and in view of the same Ground of appeal of the appellant is dismissed.

4. We have heard rival submission of the parties and peruse We have heard rival submission of the parties and peruse We have heard rival submission of the parties and perused the relevant material on record. l on record. The section 153(5) of the Act provides The section 153(5) of the Act provides for giving effect to the order of the ITAT, except fresh assessment for giving effect to the order of the ITAT, except fresh assessment for giving effect to the order of the ITAT, except fresh assessment within the stipulated period of three or six months from the receipt within the stipulated period of three or six months from the receipt within the stipulated period of three or six months from the receipt of the order of the ITAT. For ready reference the relevant provision of the order of the ITAT. For ready reference the relevant provisio of the order of the ITAT. For ready reference the relevant provisio is reproduced as under: is reproduced as under:

(5) Where effect to an order under (5) Where effect to an order under section 250 or section 254 section 254 or section 260 or or section 262 or section 263 or section 264 is to be is to be given by the Assessing Officer [or the Transfer Pricing Officer, as given by the Assessing Officer [or the Transfer Pricing Officer, as given by the Assessing Officer [or the Transfer Pricing Officer, as the case may be,] wholly or partly, otherwise than by making a the case may be,] wholly or partly, otherwise than by making a the case may be,] wholly or partly, otherwise than by making a fresh assessment or fresh assessment or reassessment [or fresh order under section section 92CA, as the case may be], such effect shall be given within a , as the case may be], such effect shall be given within a , as the case may be], such effect shall be given within a period of three months from the end of the month in which order period of three months from the end of the month in which order period of three months from the end of the month in which order under section 250 section 250 or section 254 or section 260 or section 262 section 262 is received received received by by by the the the Principal Principal Principal Chief Chief Chief Commissioner Commissioner Commissioner or or or Chief Chief Chief Commissioner or Principal Commissioner or Commissio Commissioner or Principal Commissioner or Commissioner, as the ner, as the case may be, the order under case may be, the order under section 263 or section 264 section 264 is passed passed passed by by by the the the [Principal [Principal [Principal Chief Chief Chief Commissioner Commissioner Commissioner or or or Chief Chief Chief Commissioner or Principal Commissioner or Commissioner, as the Commissioner or Principal Commissioner or Commissioner, as the Commissioner or Principal Commissioner or Commissioner, as the case may be] : Provided that where it is not possible for the Assessing Officer [or Provided that where it is not possible for the Assessing Officer [or Provided that where it is not possible for the Assessing Officer [or the Transfer Pricing Officer, as the case may be,] to give effect to the Transfer Pricing Officer, as the case may be,] to give effect to the Transfer Pricing Officer, as the case may be,] to give effect to such order within the aforesaid period, for reasons beyond his such order within the aforesaid period, for reasons beyond his such order within the aforesaid period, for reasons beyond his control, the Principal Commissioner or Co control, the Principal Commissioner or Commissioner on receipt of mmissioner on receipt of such request in writing from the Assessing Officer [or the Transfer such request in writing from the Assessing Officer [or the Transfer such request in writing from the Assessing Officer [or the Transfer Pricing Officer, as the case may be], if satisfied, may allow an Pricing Officer, as the case may be], if satisfied, may allow an Pricing Officer, as the case may be], if satisfied, may allow an additional period of six months to give effect to the order: additional period of six months to give effect to the order: [Provided further that where an orde [Provided further that where an order under section 250 section 250 or section 254 or or section 260 or section 262 or section 263 or section section 264 requires verification of any issue by way of submission of requires verification of any issue by way of submission of requires verification of any issue by way of submission of Viacom 18 Media Pvt. Ltd. Viacom 18 Media Pvt. Ltd. 7 4608 & 4658/MUM/2024 any document by the assessee or any other person or where an any document by the assessee or any other person or where an any document by the assessee or any other person or where an opportunity of being heard is to be provided to the assessee, the opportunity of being heard is to be provided to the assessee, the opportunity of being heard is to be provided to the assessee, the order giving effect to the order giving effect to the said order under section 250 or section section 254 or section 260 section 260 or section 262 or section 263 or section 264 section 264 shall be made within the time specified in sub shall be made within the time specified in sub-section (3).] 4.1 Therefore, the Assessing officer has to comply with the , the Assessing officer has to comply with the , the Assessing officer has to comply with the limitation of three months or six months, whichever apply, while limitation of three months or six months, whichever apply, while limitation of three months or six months, whichever apply, while giving effect to the order of the ITAT. If the AO fails in doing so, the order of the ITAT. If the AO fails in doing so, the order of the ITAT. If the AO fails in doing so, then, the assessee is eligible for additional interest u/s 244A(1A) of then, the assessee is eligible for additional interest u/s 244A(1A) of then, the assessee is eligible for additional interest u/s 244A(1A) of the Act on the refund if any arises to him. The relevant part of the the Act on the refund if any arises to him. The relevant part of the the Act on the refund if any arises to him. The relevant part of the provision is reproduced as under: provision is reproduced as under:

(1A) In a case where a refund (1A) In a case where a refund arises as a result of giving effect to arises as a result of giving effect to an order under an order under section 250 or section 254 or section 260 section 260 or section 262 or or section 263 or section 264, wholly or partly, , wholly or partly, otherwise than by making a fresh assessment or reassessment, otherwise than by making a fresh assessment or reassessment, otherwise than by making a fresh assessment or reassessment, the assessee shall be entitled to receive, in addition to the interest the assessee shall be entitled to receive, in addition to the interest the assessee shall be entitled to receive, in addition to the interest payable under s payable under sub-section (1), an additional interest on such section (1), an additional interest on such amount of refund calculated at the rate of three per cent per amount of refund calculated at the rate of three per cent per amount of refund calculated at the rate of three per cent per annum, for the period beginning from the date following the date annum, for the period beginning from the date following the date annum, for the period beginning from the date following the date of expiry of the time allowed under sub of expiry of the time allowed under sub-section (5) of section 153 section 153 to the date on which the refund is granted:] to the date on which the refund is granted:] 4[Provided [Provided [Provided that that that where where where proceedings proceedings proceedings for for for assessment assessment assessment or or or reassessment are pending in respect of an assessee, in computing reassessment are pending in respect of an assessee, in computing reassessment are pending in respect of an assessee, in computing the period for determining the additional the period for determining the additional interest payable to such interest payable to such assessee under this sub assessee under this sub-section, the period beginning from the section, the period beginning from the date on which such refund is withheld by the Assessing Officer in date on which such refund is withheld by the Assessing Officer in date on which such refund is withheld by the Assessing Officer in accordance with and subject to provisions of sub accordance with and subject to provisions of sub-section (2) of section (2) of section 245 and ending and ending 4a[with the date up to which such refund [with the date up to which such refund is withheld] , shall be excluded.] is withheld] , shall be excluded.] 4.2 In the instant case t In the instant case the sole issue of dispute is due to the he sole issue of dispute is due to the reason that the date of the service of the order of the ITAT on the Pr. reason that the date of the service of the order of the ITAT reason that the date of the service of the order of the ITAT CIT or CIT was not mentioned CIT or CIT was not mentioned in the order giving effect. The in the order giving effect. The assessee presumed that order of the ITAT must have been served on assessee presumed that order of the ITAT must have been served on assessee presumed that order of the ITAT must have been served on the PCIT or CIT on date when it was issued, and therefore, the date date when it was issued, and therefore, the date date when it was issued, and therefore, the date

Viacom 18 Media Pvt. Ltd. Viacom 18 Media Pvt. Ltd. 8 4608 & 4658/MUM/2024 on which refund issued being beyond the on which refund issued being beyond the period of three months as of three months as prescribed in section 153(5), the assessee was entitled for additional prescribed in section 153(5), the assessee was entitled for additional prescribed in section 153(5), the assessee was entitled for additional amount of interest u/s 244A(1A) of the Act. amount of interest u/s 244A(1A) of the Act. Now during the course Now during the course of hearing before us, the Ld. Departmental Representative (DR) has of hearing before us, the Ld. Departmental Representative (DR) has of hearing before us, the Ld. Departmental Representative (DR) has filed a report from the Assess filed a report from the Assessing Officer wherein he has submitted ing Officer wherein he has submitted that said order of the Tribunal was received in the office of the Pr. that said order of the Tribunal was received in the office of the Pr. that said order of the Tribunal was received in the office of the Pr. CIT-8, Mumbai on 28.01.2022. In view of the date of the receipt, the 8, Mumbai on 28.01.2022. In view of the date of the receipt, the 8, Mumbai on 28.01.2022. In view of the date of the receipt, the Assessing Officer is directed to verify compliance of the provisions of Assessing Officer is directed to verify compliance of the provisions of Assessing Officer is directed to verify compliance of the provisions of section 153(5) of the Act and allow the interest in terms of section 153(5) of the Act and allow the interest in terms of section 153(5) of the Act and allow the interest in terms of section 244A(1A) of the Act in accordance with law. The ground Nos. 1 & 2 244A(1A) of the Act in accordance with law. The ground 244A(1A) of the Act in accordance with law. The ground of appeal of the assessee is accordingly allowed for statistical of appeal of the assessee is accordingly allowed for statistical of appeal of the assessee is accordingly allowed for statistical purposes.

5. The ground Nos s. 3 &4 of the appeal relate to the issue of set of the appeal relate to the issue of set off off off of of of brought brought brought forward forward forward business business business losses losses losses and and and unabsorbed unabsorbed unabsorbed depreciation. The relevant finding of the Ld. CIT(A) on the issue in depreciation. The relevant finding of the Ld. CIT(A) on the issue in depreciation. The relevant finding of the Ld. CIT(A) on the issue in dispute is reproduced as under: dispute is reproduced as under:

21. I have gone through the OGE order and the computation I have gone through the OGE order and the computation I have gone through the OGE order and the computation sheet forming part of the OGE order, the detailed written submissions filed by the part of the OGE order, the detailed written submissions filed by the part of the OGE order, the detailed written submissions filed by the Appellant and the supporting documents submitted in the form of Paper Appellant and the supporting documents submitted in the form of Paper Appellant and the supporting documents submitted in the form of Paper Book. The contention of the Appellant is that as per the latest records, the Book. The contention of the Appellant is that as per the latest records, the Book. The contention of the Appellant is that as per the latest records, the available brought forward available brought forward losses (based on the assessed income as per losses (based on the assessed income as per the latest orders for the relevant years for which the loss belongs) for set the latest orders for the relevant years for which the loss belongs) for set the latest orders for the relevant years for which the loss belongs) for set- off against the assessed income for the year under consideration is R$ off against the assessed income for the year under consideration is R$ off against the assessed income for the year under consideration is R$ 14,29,87,288. 14,29,87,288. 14,29,87,288. The The The learned learned learned ACIT ACIT ACIT has has has considered considered considered the the the losses losses losses at at at 12,53,12,905 which was computed as per the rectification order dated 25 3,12,905 which was computed as per the rectification order dated 25 3,12,905 which was computed as per the rectification order dated 25 February 2011. However, the contention of the applicant is that the February 2011. However, the contention of the applicant is that the February 2011. However, the contention of the applicant is that the learned ACIT did not consider the rectification application filed dated 11 learned ACIT did not consider the rectification application filed dated 11 learned ACIT did not consider the rectification application filed dated 11 March 2011 by Appellant pursuant to rectifica March 2011 by Appellant pursuant to rectification order dated 25 February tion order dated 25 February 2011. As the said application has never been disposed of by the assessing 2011. As the said application has never been disposed of by the assessing 2011. As the said application has never been disposed of by the assessing officer hence there is no question why the figures coming in it should be officer hence there is no question why the figures coming in it should be officer hence there is no question why the figures coming in it should be Viacom 18 Media Pvt. Ltd. Viacom 18 Media Pvt. Ltd. 9 4608 & 4658/MUM/2024 considered. In view of the above the Ground of appeal filed by the considered. In view of the above the Ground of appeal filed by the considered. In view of the above the Ground of appeal filed by the applicant is dismissed. dismissed.

4.1 We have heard rival submissions of the parties and perused We have heard rival submissions of the parties and perused We have heard rival submissions of the parties and perused the relevant material on record. It is the contention of the assessee the relevant material on record. It is the contention of the assessee the relevant material on record. It is the contention of the assessee that rectification application of the assessee that rectification application of the assessee dated 11.03.2011 dated 11.03.2011 against the rectification order dated 25.0 against the rectification order dated 25.02.2011 has not been 11 has not been disposed off thus resulting into lower amount of carry forward of disposed off thus resulting into lower amount of carry forward of disposed off thus resulting into lower amount of carry forward of the losses. The Ld. DR could not provide any ready reply regarding the losses. The Ld. DR could not provide any ready reply regarding the losses. The Ld. DR could not provide any ready reply regarding disposing off rectification application of the assessee dated disposing off rectification application of the assessee dated disposing off rectification application of the assessee dated 11.03.2011. In view of the above facts, we fe 11.03.2011. In view of the above facts, we feel it appropriate to el it appropriate to restore this issue back to the file of the Assessing Officer for restore this issue back to the file of the Assessing Officer for restore this issue back to the file of the Assessing Officer for verification of the claims made in the rectification application dated verification of the claims made in the rectification application dated verification of the claims made in the rectification application dated 11.03.2011 and compute the correct amount of brought forward 11.03.2011 and compute the correct amount of brought forward 11.03.2011 and compute the correct amount of brought forward business losses/ unabsorbed depreciati unabsorbed depreciation eligible to the assessee. to the assessee. Accordingly, the ground ground Nos. 3 & 4 of appeal are also allowed for also allowed for statistical purposes. The ground No. 5 of the appeal was not statistical purposes. The ground No. 5 of the appeal was not statistical purposes. The ground No. 5 of the appeal was not pressed and same is dismissed as pressed and same is dismissed as infructuous.

5. Now, we take up appeal of the assessee for assessm we take up appeal of the assessee for assessm we take up appeal of the assessee for assessment year 2011-12. The grounds raised by the assessee are reproduced as 12. The grounds raised by the assessee are reproduced as 12. The grounds raised by the assessee are reproduced as under:

Non-grant of additional interest on refund u/s. 244A (1A): grant of additional interest on refund u/s. 244A (1A): grant of additional interest on refund u/s. 244A (1A): 1. erred in rejecting the ground of the Appellant of non 1. erred in rejecting the ground of the Appellant of non-grant of additional grant of additional interest u/s. 244A (IA) of the Act, at the rate of 3 percent, from date on interest u/s. 244A (IA) of the Act, at the rate of 3 percent, from date on interest u/s. 244A (IA) of the Act, at the rate of 3 percent, from date on which time limit to pass the Order Giving Effect to the order of Hon'ble which time limit to pass the Order Giving Effect to the order of Hon'ble which time limit to pass the Order Giving Effect to the order of Hon'ble Income-Tax Appellant Tribunal ( Tax Appellant Tribunal ('ITAT') expired u/s. 153(5) of the Act to the 'ITAT') expired u/s. 153(5) of the Act to the date of grant of refund alleging that the Appellant has not provided date of grant of refund alleging that the Appellant has not provided date of grant of refund alleging that the Appellant has not provided

Viacom 18 Media Pvt. Ltd. Viacom 18 Media Pvt. Ltd. 10 4608 & 4658/MUM/2024 documentary proof vis documentary proof vis-à-vis service of the ITAT order to the AO and vis service of the ITAT order to the AO and Principal CIT. 2. should have called for the records from AO to verify th 2. should have called for the records from AO to verify the date of receipt of e date of receipt of order of ITAT by the order of ITAT by the AO instead of summarily rejecting the claim of the AO instead of summarily rejecting the claim of the Appellant. Non- grant of opportunity of virtual hearing grant of opportunity of virtual hearing 3. erred in alleging non receipt of any reply from the Appellant in response 3. erred in alleging non receipt of any reply from the Appellant in response 3. erred in alleging non receipt of any reply from the Appellant in response to the opportunity for video to the opportunity for video conferencing granted without appreciating cing granted without appreciating the responses filed by the Ap responses filed by the Appellant seeking the opportunity. 5.1 The ground No The ground Nos. 1 and 2 of the appeal are identical to the ground Nos. 1 and 2 of the appeal for assessment year 2006 . 1 and 2 of the appeal for assessment year 2006 . 1 and 2 of the appeal for assessment year 2006-07 relating to claim of additi relating to claim of additional interest refund onal interest refund under section 244A(1A) of the Act. Since the ITAT has passed a common order for 244A(1A) of the Act. Since the ITAT has passed a common order for 244A(1A) of the Act. Since the ITAT has passed a common order for AY 2006-07 and AY 2011 07 and AY 2011-12 which was served on the Pr. CIT on 12 which was served on the Pr. CIT on 28.01.2022 and therefore, interest u/s 244A(1A) of the Act has to 28.01.2022 and therefore, interest u/s 244A(1A) of the Act has to 28.01.2022 and therefore, interest u/s 244A(1A) of the Act has to be computed in the manner of be computed in the manner of direction given for assessment year direction given for assessment year 2006-07. Accordingly, the issue in dispute is decided mutatis 07. Accordingly, the issue in dispute is decided mutatis 07. Accordingly, the issue in dispute is decided mutatis mutandis. The ground No. 3 was not pressed and therefore same is mutandis. The ground No. 3 was not pressed and therefore same is mutandis. The ground No. 3 was not pressed and therefore same is dismissed as infructuous. dismissed as infructuous.

by the Revenue are reproduced as 2011-12. The grounds raised by the Revenue are reproduced as 12. The grounds raised by the Revenue are reproduced as under:

Viacom 18 Media Pvt. Ltd. Viacom 18 Media Pvt. Ltd. 11 4608 & 4658/MUM/2024

2. The Ld. CIT (A)'s order is contrary in law and on facts and deserves to CIT (A)'s order is contrary in law and on facts and deserves to CIT (A)'s order is contrary in law and on facts and deserves to be set aside.

3. The appellant prays that the order of Ld. CIT (A) on the be set aside. 3. The appellant prays that the order of Ld. CIT (A) on the be set aside. 3. The appellant prays that the order of Ld. CIT (A) on the above ground be set aside and that of the AO restored. The appellant above ground be set aside and that of the AO restored. The appellant above ground be set aside and that of the AO restored. The appellant craves leave to amend or alter any ground or add a new ground that may craves leave to amend or alter any ground or add a new ground that may craves leave to amend or alter any ground or add a new ground that may be necessary at the time of hearing be necessary at the time of hearing 6.1 The issue in dispute in the grounds raised relate to granting he issue in dispute in the grounds raised relate to granting he issue in dispute in the grounds raised relate to granting credit for tax deducted at source of Rs.24,49,56,319/- as against credit for tax deducted at source of Rs.24,49,56,319/ credit for tax deducted at source of Rs.24,49,56,319/ claim of the assessee of Rs.26,40,46,810/ claim of the assessee of Rs.26,40,46,810/- thereby granting short thereby granting short credit of Rs.1,19,19,491/ credit of Rs.1,19,19,491/-. The finding of the Ld. CIT(A) on th . The finding of the Ld. CIT(A) on the issue in dispute is reproduced as under: issue in dispute is reproduced as under:

“DECISION 18. I have gone through the OGE order and the computation sheet forming 18. I have gone through the OGE order and the computation sheet forming 18. I have gone through the OGE order and the computation sheet forming part of the OGE order, the detailed written submissions filed by the the OGE order, the detailed written submissions filed by the the OGE order, the detailed written submissions filed by the Appellant and the supporting documents submitted in the form o Appellant and the supporting documents submitted in the form o Appellant and the supporting documents submitted in the form of Paper Book. The Appellant has claimed TDS credit of Rs 24,49,56,319 in its Book. The Appellant has claimed TDS credit of Rs 24,49,56,319 in its Book. The Appellant has claimed TDS credit of Rs 24,49,56,319 in its revised return of income and it claimed an additional TDS credit of Rs TDS revised return of income and it claimed an additional TDS credit of Rs TDS revised return of income and it claimed an additional TDS credit of Rs TDS credit of Rs. 1,90,90,491 (TDS credit appearing in latest form 26AS for AY credit of Rs. 1,90,90,491 (TDS credit appearing in latest form 26AS for AY credit of Rs. 1,90,90,491 (TDS credit appearing in latest form 26AS for AY 2011-12 of Rs 26,40,46,810 le 12 of Rs 26,40,46,810 less TDS credit granted by AO in the OGE ss TDS credit granted by AO in the OGE order of Rs 24,49,56,319), as the corresponding income was offered to tax, order of Rs 24,49,56,319), as the corresponding income was offered to tax, order of Rs 24,49,56,319), as the corresponding income was offered to tax, by way of rectification application, however the AO while passing the OGE by way of rectification application, however the AO while passing the OGE by way of rectification application, however the AO while passing the OGE to Hon'ble ITAT's order did not grant such additional TDS credit cla to Hon'ble ITAT's order did not grant such additional TDS credit cla to Hon'ble ITAT's order did not grant such additional TDS credit claimed by the appellant.