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Facts
The assessee's appeals for AY 2006-07 and 2011-12 involved issues regarding the non-grant of additional interest on refund and set off of brought forward losses. The Revenue's appeal for AY 2011-12 concerned the allowance of TDS credit not specifically claimed in the return.
Held
The Tribunal held that the assessee is eligible for additional interest under Section 244A(1A) if the order giving effect is delayed beyond the stipulated period, and directed the AO to verify the receipt date of the ITAT order. The issue of set-off of brought forward losses was restored to the AO for verification. The Revenue's appeal on TDS credit was dismissed, upholding the CIT(A)'s direction to verify the claim.
Key Issues
Whether the assessee is entitled to additional interest for delayed processing of ITAT order, whether brought forward losses/depreciation were correctly set off, and whether TDS credit can be allowed even if not specifically claimed in the return.
Sections Cited
244A(1A), 153(5), 72, 32(2), 263, 264, 250, 254, 260, 262, 92CA, 245(2), 284 ITR 323 (SC)
AI-generated summary — verify with the full judgment below
The appeal of the assessee for assessment year 2006 The appeal of the assessee for assessment year 2006 The appeal of the assessee for assessment year 2006-07 is directed against order dated 16.07.2024 passed by the Ld. directed against order dated 16.07.2024 passed by the Ld. directed against order dated 16.07.2024 passed by the Ld. Commissioner of Income Commissioner of Income-tax (Appeals) – National Faceless Appeal National Faceless Appeal Centre, Delhi [in short ‘the Ld. CIT(A)’]. The cross appeals of the Centre, Delhi [in short ‘the Ld. CIT(A)’]. The cross appeals of the Centre, Delhi [in short ‘the Ld. CIT(A)’]. The cross appeals of the assessee and the Revenue for assessment year 2011 and the Revenue for assessment year 2011 and the Revenue for assessment year 2011-12 are directed against order dated 16.07.2024 passed by the Ld. CIT(A). A against order dated 16.07.2024 passed by the Ld. CIT(A). against order dated 16.07.2024 passed by the Ld. CIT(A). common issue in dispute common issue in dispute is involved in these appeals, in these appeals, therefore same were heard together and disposed off by way of this same were heard together and disposed off by way of this same were heard together and disposed off by way of this consolidated order for convenience and avoid repetition of facts. for convenience and avoid repetition of facts. for convenience and avoid repetition of facts.
First, we take up the appeal of the assessee for assessment we take up the appeal of the assessee for assessment we take up the appeal of the assessee for assessment year 2006-07. The grounds raised
by the assessee are reproduced 07. The grounds raised by the assessee are reproduced 07. The grounds raised by the assessee are reproduced as under:
Non-grant of additional grant of additional interest on refund u/s. 244A (1 interest on refund u/s. 244A (1A): 1. erred in rejecting the ground of the Appellant of non rejecting the ground of the Appellant of non-grant of rejecting the ground of the Appellant of non additional interest u/s. 244A (IA) of the Act, at the rate of 3 percent, additional interest u/s. 244A (IA) of the Act, at the rate of 3 percent, additional 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 from date on which time limit to pass the Order Giving Effect to the from date on which time limit to pass the Order Giving Effect to the order of Hon'ble Income order of Hon'ble Income-Tax Appellant Tribunal ('ITAT') exp Tax Appellant Tribunal ('ITAT') expired u/s. 153(5) of the Act to the date of grant of refund alleging that the 153(5) of the Act to the date of grant of refund alleging that the 153(5) of the Act to the date of grant of refund alleging that the Appellant has not provided documentary proof vis Appellant has not provided documentary proof vis-à-vis service of the vis service of the ITAT order to the AO and Principal CIT. ITAT order to the AO and Principal CIT. 2. should have called for the records from AO to verify the date of 2. should have called for the records from AO to verify the date of 2. should have called for the records from AO to verify the date of receipt of order of ITAT by the AO instead of summarily rejecting the eceipt of order of ITAT by the AO instead of summarily rejecting the eceipt of order of ITAT by the AO instead of summarily rejecting the claim of the Appellant. claim of the Appellant. Set off of brought forward business losses and unabsorbed Set off of brought forward business losses and unabsorbed Set off of brought forward business losses and unabsorbed depreciation:
Viacom 18 Media Pvt. Ltd. Viacom 18 Media Pvt. Ltd. 3 4608 & 4658/MUM/2024
erred in not directing to grant correct amount of set off of brought 3. erred in not directing to grant correct amount of set off of brought 3. erred in not directing to grant correct amount of set off of brought forward business lo forward business losses and unabsorbed unabsorbed depreciation depreciation of of Rs. Rs. 14,29,87.288 instead of set off granted of Rs. 12,53,12,905 14,29,87.288 instead of set off granted of Rs. 12,53,12,905 14,29,87.288 instead of set off granted of Rs. 12,53,12,905 ignoring the detailed working provided. detailed working provided.
Failed to appreciate that merely because the rectification application 4. Failed to appreciate that merely because the rectification application 4. Failed to appreciate that merely because the rectification application dated 11 March 2011 dated 11 March 2011 was not disposed off by the AO can't be the y the AO can't be the ground to reject set off of correct amount of brought forward business ground to reject set off of correct amount of brought forward business ground to reject set off of correct amount of brought forward business losses and unabsorbed depreciation as they are consequential and losses and unabsorbed depreciation as they are consequential and losses and unabsorbed depreciation as they are consequential and statutorily available as per provisions of section 72 read with section statutorily available as per provisions of section 72 read with section statutorily available as per provisions of section 72 read with section 32(2) of the Act 32(2) of the Act Non- grant of opportunity of virtual hearing t of opportunity of virtual hearing 5. erred in alleging non 5. erred in alleging non-receipt of any reply from the Appellant in receipt of any reply from the Appellant in response to the opportunity for video conferencing granted without response to the opportunity for video conferencing granted without response to the opportunity for video conferencing granted without appreciating the responses filed by the Appellant seeking the appreciating the responses filed by the Appellant seeking the appreciating the responses filed by the Appellant seeking the opportunity. 3. Briefly stated facts of the case are that the assessee is a stated facts of the case are that the assessee is a stated facts of the case are that the assessee is a company primarily engaged in broadcasting of television channels company primarily engaged in broadcasting of television channels company primarily engaged in broadcasting of television channels from India which includes marketing of advertising airtime on these from India which includes marketing of advertising airtime on these from India which includes marketing of advertising airtime on these channels and distribution of the channels. The channels and distribution of the channels. The facts of the case facts of the case for addressing the dispute dispute before us are that the Assessing Officer are that the Assessing Officer passed an order giving effect order giving effect (OGE) to the order dated dated 03/09/2021 of the ITAT for assessment year consideration on for assessment year consideration on 30/09/2022 , for assessment year consideration on wherein he computed refund to be granted to the assessee at wherein he computed refund to be granted to the assessee at wherein he computed refund to be granted to the assessee at Rs.14,81,24,720/-comprising of interest u/s 244A of the Income comprising of interest u/s 244A of the Income comprising of interest u/s 244A of the Income- tax Act amounting to Rs 7,32,32,565/ amounting to Rs 7,32,32,565/- and Rs. 1,38,22,830/ and Rs. 1,38,22,830/-. Relevant part of the OGE dated 30/09/2022 is reproduced as Relevant part of the OGE dated 30/09/2022 is reproduced as Relevant part of the OGE dated 30/09/2022 is reproduced as under:
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
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TAX CREDIT 115JAA/115JD TAX CREDIT 115JAA/115JD 0 43. RELIEF U/S 89(1) U/S 90 / U/S RELIEF U/S 89(1) U/S 90 / U/S 0 91 44. NET TAX NET TAX 91,18,215 91,18,215 45. INTEREST U/S 234A INTEREST U/S 234A 0 46. DELAY PERIOD DELAY PERIOD 0 47. INTEREST U/S 234B INTEREST U/S 234B 16,44,035 16,44,035 48. INTEREST U/S 234C INTEREST U/S 234C 50,511 50,511 49. GROSS DEMAND GROSS DEMAND 1,08,12,761 1,08,12,761 TAXES PAYMENT DETAILS TAXES PAYMENT DETAILS 50. TDS/TCS TDS/TCS 57,00,171 57,00,171 51. ADVANCE TAX ADVANCE TAX 0 52. SELF ASSESSMENT TAX SELF ASSESSMENT TAX 11,06,314 11,06,314 53. REGULAR ASSESSMENT TAX REGULAR ASSESSMENT TAX 14,79,05,763 14,79,05,763 54. AMOUNT ALREADY REFUNDED AMOUNT ALREADY REFUNDED 0 55. TOTAL TAX PAID TOTAL TAX PAID 9,95,27,749 9,95,27,749 DIVIDEND DISTRIBUTION TAX DIVIDEND DISTRIBUTION TAX DETAILS DETAILS 56. ADDITIONAL INCOME TAX AND ADDITIONAL INCOME TAX AND 0 INTEREST PAYABLE ON INTEREST PAYABLE ON DISTRIBUTED PROFITS DISTRIBUTED PROFITS 57. ADDITIONAL INCOME TAX AND ADDITIONAL INCOME TAX AND 0 INTEREST PAID INTEREST PAID FINAL DETAILS FINAL DETAILS 58. TOTAL TAX AND INTEREST TOTAL TAX AND INTEREST -8,87,14,988 PAYABLE PAYABLE 59. INTEREST U/S 244A INTEREST U/S 244A -7,32,32,565 60. INTEREST MADE U/S 244A INTEREST MADE U/S 244A -1,38,22,830 RECOVERED RECOVERED
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DELAY PERIOD ATTRIBUTABLE DELAY PERIOD ATTRIBUTABLE TO ASSESSEE TO ASSESSEE 62. INTEREST U/S 234D INTEREST U/S 234D 0 63. INTEREST U/S 220 INTEREST U/S 220 0 DEMAND /REFUND DEMAND /REFUND 64. NET AMOUNT PAYABLE / NET AMOUNT PAYABLE / -14,81,24,720 REFUNDABLE REFUNDABLE 3.1 A copy said said order giving effect dated 30/09/2022 effect dated 30/09/2022 was provided to the assessee on 14.10.2022 via e provided to the assessee on 14.10.2022 via e-mail mail. As per the provisions of section 153(5) of the Act, t s of section 153(5) of the Act, the Assessing Officer he Assessing Officer is mandated to give effect to the order of the ITAT within three months mandated to give effect to the order of the ITAT within three months mandated to give effect to the order of the ITAT within three months from the date on which ITAT order from the date on which ITAT order is received by the relevant Pr. received by the relevant Pr. Chief Commissioner or Chief Commissioner or Pr. Commissioner of Chief Commissioner or Chief Commissioner or Pr. Commissioner of Chief Commissioner or Chief Commissioner or Pr. Commissioner of Income-tax except the case the case where fresh assessment assessment is required to be made. Accordingly, the assessee contended that effect of the be made. Accordingly, the assessee contended that be made. Accordingly, the assessee contended that order of ITAT has not been given within three months of its receipt order of ITAT has not been given within three months of its receipt order of ITAT has not been given within three months of its receipt by the CIT or PCIT, it is entitled it is entitled for additional interest u/s 244A(1A) additional interest u/s 244A(1A) of the Act for a period of 182 days from 01. of the Act for a period of 182 days from 01.04.2022 to 30.09.2022 04.2022 to 30.09.2022 on such refund granted. on such refund granted.
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.
Now, we take up appeal we take up appeal of Revenue for the assessment year for the assessment year 12. The grounds raised
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:
"Whether on the facts and circumstances of the case and in light of the 1. "Whether on the facts and circumstances of the case and in light of the 1. "Whether on the facts and circumstances of the case and in light of the Supreme Court decision in Goetz (India) Ltd. v. CIT (284 ITR 323 (SC)), the Supreme Court decision in Goetz (India) Ltd. v. CIT (284 ITR 323 (SC)), the Supreme Court decision in Goetz (India) Ltd. v. CIT (284 ITR 323 (SC)), the Tax Deducted at Source (TDS) claimed by t Tax Deducted at Source (TDS) claimed by the assessee can be allowed if he assessee can be allowed if the claim was not specifically made in the return of income but is the claim was not specifically made in the return of income but is the claim was not specifically made in the return of income but is otherwise substantiated by the relevant TDS certificates and supporting otherwise substantiated by the relevant TDS certificates and supporting otherwise substantiated by the relevant TDS certificates and supporting documents?"
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.
The contention of the Appellant is that the corresponding income in 19. The contention of the Appellant is that the corresponding income in 19. The contention of the Appellant is that the corresponding income in relation to the claim for the additional TDS credit has been offered to tax in the claim for the additional TDS credit has been offered to tax in the claim for the additional TDS credit has been offered to tax in the year under consideration, hence such additional TDS credit has to be the year under consideration, hence such additional TDS credit has to be the year under consideration, hence such additional TDS credit has to be allowed in the year under consideration. Therefore, the AO is directed to n the year under consideration. Therefore, the AO is directed to n the year under consideration. Therefore, the AO is directed to verify the claim of the Appellant and if the corresponding income is offered verify the claim of the Appellant and if the corresponding income is offered verify the claim of the Appellant and if the corresponding income is offered by the appellant during the year and TDS is duly deducted and reflected, by the appellant during the year and TDS is duly deducted and reflected, by the appellant during the year and TDS is duly deducted and reflected, the same shall be allowed. If the claim i the same shall be allowed. If the claim is found incorrect then the action of s found incorrect then the action of the AO is upheld the AO is upheld.”
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. We find that the Ld. CIT(A) has only the relevant material on record. We find that the Ld. CIT(A) has only the relevant material on record. We find that the Ld. CIT(A) has only issued direction to verify the claim of the assessee of the TDS and issued direction to verify the claim of the assessee of the TDS and issued direction to verify the claim of the assessee of the TDS and allow in accordance with law. The contention of the Revenue is that allow in accordance with law. The contention of the Revenue allow in accordance with law. The contention of the Revenue in view of the decision of the Hon’ble Supreme Court in the case of in view of the decision of the Hon’ble Supreme Court in the case of in view of the decision of the Hon’ble Supreme Court in the case of Viacom 18 Media Pvt. Ltd. Viacom 18 Media Pvt. Ltd. 12 4608 & 4658/MUM/2024 Goetz India Ltd. v. CIT 284 ITR 323 (SC) such claim of TDS cannot Goetz India Ltd. v. CIT 284 ITR 323 (SC) such claim of TDS cannot Goetz India Ltd. v. CIT 284 ITR 323 (SC) such claim of TDS cannot be entertained by the Assessing Officer if such claim was not made be entertained by the Assessing Officer if such claim be entertained by the Assessing Officer if such claim specifically in the return of income. We ar specifically in the return of income. We are of the opinion that such e of the opinion that such bonafide claim can be entertained by the appellate authorities as fide claim can be entertained by the appellate authorities as fide claim can be entertained by the appellate authorities as held by the Hon’ble Supreme Court in the case of Goetz India held by the Hon’ble Supreme Court in the case of Goetz India held by the Hon’ble Supreme Court in the case of Goetz India (supra). Accordingly, the Ld. CIT(A) has accep (supra). Accordingly, the Ld. CIT(A) has accepted the claim and ted the claim and directed the Assessing Officer to verify and allow in accordance with directed the Assessing Officer to verify and allow in accordance with directed the Assessing Officer to verify and allow in accordance with law. We do not find any infirmity in the order of the Ld. CIT(A) on law. We do not find any infirmity in the order of the Ld. CIT(A) on law. We do not find any infirmity in the order of the Ld. CIT(A) on the issue in dispute and accordingly we uphold the same. If the AO the issue in dispute and accordingly we uphold the same. the issue in dispute and accordingly we uphold the same. has already not given effect to t has already not given effect to the direction of ld CIT(A), then he is he direction of ld CIT(A), then he is directed to comply and give effect to finding of ld CIT(A) under our directed to comply and give effect to finding of ld CIT(A) under our directed to comply and give effect to finding of ld CIT(A) under our directions. The ground of appeal of the Revenue is accordingly The ground of appeal of the Revenue is accordingly The ground of appeal of the Revenue is accordingly dismissed.
In the result, appeals of the assessee are allowed partly for appeals of the assessee are allowed partly for appeals of the assessee are allowed partly for statistical purposes whereas appeal of the Revenue is dismissed. statistical purposes whereas appeal of the Revenue is dismissed. statistical purposes whereas appeal of the Revenue is dismissed.