Deepak Bajaj, Kolkata vs. ITO, Ward-37(1), Kolkata
In the result, the appeal of the assessee is treated as allowed for statistical purpose
ITA 86/KOL/2015[2011-2012]Status: DisposedITAT Kolkata25 Jan 2019AY 2011-2012
Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi] I.T.A. No. 86/Kol/2015 Assessment Year: 2011-12 Deepak Bajaj.................................………………………….....................................................Appellant 19/1, Vidyasagar Street, Kolkata – 700 009 [Pan: Aeepb 5525 K] Ito, Ward 37(1) Kolkata...................…………………………………………………….......Respondent Poddar Court, 18, Rabindra Sarani, Kolkata – 700 001. Appearances By: Shri Dilip Chatterjee, Advocate Appearing On Behalf Of The Assessee. Shri Saurabh Kumar, Addl. Cit, Dr Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : January 21, 2019 Date Of Pronouncing The Order : January 25, 2019 Order Per P.M. Jagtapthis Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Cit(A) – Xxiv, Kolkata Dated 15.10.2014 Whereby He Confirmed The Disallowance Of Rs. 63,58,503/- Made By The A.O. U/S 40(A)(Ia) Of The Income Tax Act, 1961. 2. The Assessee In The Present Case Is An Individual Who Is Engaged In The Business Of Production Of Telefilm. The Return Of Income For The Year Under Consideration Was Filed By Him On 29.03.2012 Declaring A Total Income Of Rs. 9,76,789/-. During The Course Of Assessment Proceedings, It Was Noticed By The A.O. That The Following Expenditure Was Incurred By The Assessee During The Year Under Consideration: “I. Artist Remuneration Rs. 34,69,225/- Ii. Studio Hire Charges Rs. 13,20,000/- Iii. Equipment Hire Charges Rs. 8,19,000/- Rs. 7,50,278/-‘’ Iv. Interest On Loan
Section 143(3)Section 194JSection 40Section 409a
…treated as the assessee in default for non-deduction of tax at source on the said payment and the question of making disallowance u/s 40(a)(ia) as held by the Hon’ble Supreme Court in the case of M/s. Hindustan Coca Cola Beverage Pvt. Ltd. vs CIT reported in 293 ITR 226. He has submitted that the Assessing Officer may verify this claim of the assessee and allow appropriate relief to the assessee by following the decision of Hon’ble Supreme Court in the case of M/s. Hindustan Coca Cola Beverage Pvt. Ltd. (supra). The learned DR has not raised any objection for sending the matter to the Assessing Officer for such…
