Taj TV Ltd. v. Additional Director of Income-tax (International Taxation), Range 2, Mumbai

Taj Tv Ltd., Mumbai vs. DCIT (It) 4(1)(2), Mumbai

In the result, the appeal by the assessee is allowed, while the appeal by the Revenue is dismissed in terms of our aforesaid findings

Bench: Shri Prashant Maharishi & Shri Sandeep Singh Karhail

…ed under section 92CA(3) Taj TV Limited ITA No. 6588/Mum./2019 ITA No. 6741/Mum./2019 of the Act. We find that on similar issue, the Co–ordinate Bench of the Tribunal in assessee‟s own case vide order dated 23.12.2016, passed in Taj TV Ltd. v/s ADIT, [2017] 162 ITD 674, for assessment years 2006-07 to 2008-09, observed as under: “9………..Thus, if admittedly Taj India is being remunerated at arm's length, then, no further income/profit can be said to be attributable to the assessee in India from PE. It is an undisputed fact that the TPO has accepted the transaction between the assessee and Taj India at an arm's l…

Mobileum Inc, Mumbai vs. Deputy Commissioner of Income Tax International Taxation-3(2)(2), Mumbai

In the result, appeal filed by the assessee stands partly allowed

Bench: Shri Shamim Yahya (Am) & Shri Pavan Kumar Gadale (Jm)

…the basis of the concept of economic nexus is an important feature of attributable profits (profits attributable to PE).” (at pages 27-28)” The learned Counsel also relied in ITAT’s decision in the case of Taj TV Ltd. vs ADIT (international Taxation) (2017) 162 ITD 674 (MumTrib.) “18. As regards ground No.1 of the Revenue's appeal, it is admitted fact that, similar to ground which has been decided in the assessment year 2007-08. Therefore, in view of the finding given there in, we hold that no further income chargeable to tax in India can be said to be attributable to the assessee for the reasons that the trans…

Viacom 18 Media P.Ltd, Mumbai vs. Asst DIT (It) 4(3)(1), Mumbai

In the result, all the appeals filed by the assessee stands dismissed

Bench: Shri Shamim Yahya, Am & Shri Ravish Sood, Jm

…d. ought not to be taxable in India and consequently, not subject to withholding of tax under Section 195 of the Act, in light of the following decision of the Hon'ble Mumbai Tribunal on identical facts and issues: • Taj TV Ltd. [(2016) 161 ITD 339 and (2017) 162 ITD 674] • United Home Entertainment Pvt. Ltd. (ITA No.2841 to 2856/Mum/2012 and ITANo.5171 to518l/Mum/2013). 4. Without prejudice to the above and in the alternative, this issue be referred to a larger / special bench to resolve the views rendered by the Hon'ble Income Tax Appellate Tribunal Mumbai Bench in the case of the Appellant and the other assess…

Viacom 18 Media P. Ltd, Mumbai vs. Asst DIT 2(2), Mumbai

In the result, all the assessee’s appeals are allowed as above

Bench: Shri Shamim Yahya, Am & Shri Ravish Sood, Jm

…on ought not to be taxable in India and consequently, not subject to withholding of tax under Section 195 of the Act, in light of the following decision of the Hon'ble Mumbai Tribunal on identical facts and issues: • Taj TV Ltd. [(2016) 161 ITD 339 and (2017) 162 ITD 674] • United Home Entertainment Pvt. Ltd. (ITA No.2841 to 2856/Mum/2012 and ITANo.5I71to5181/Mum/2013). 5. Without prejudice to the above and in the alternative, this issue be referred to a larger / special bench to resolve the views rendered by the Hon'ble Income Tax Appellate Tribunal Mumbai Bench in the case of the Appellant and the other assesse…

DCIT (It) 1(1)(2), Mumbai vs. Asia Today Ltd, Mumbai

In the result, the appeal filed by the revenue is hereby ordered to be dismissed and the cross-objection of the assessee is hereby ordered to be allowed

Bench: Shri R. C. Sharma, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.659/Mum/2016 (निर्धारण वर्ा / Assessment Year: 2010-11) Dy. Dit (It) -1(1) (2) Room बिधम/ M/S. Atl Media Limited (Earlier Known As M/S. Asia No. 117, Scindia House, 1St Vs. Today Limited) M/S. Mgb Floor, Ballard Estate, N.M. & Co Llp Peninsula Road, Mumbai-400038 Business Park, Tower B, 19Th Floor, Lower Parel, Mumbai-400013 Co. No.50/Mum/2018 (Arising Out Of Ita. No. 659/Mum/2016) (निर्धारण वर्ा / Assessment Year: 2010-11) M/S. Atl Media Limited बिधम/ Dy. Dit (It) -1(1) (2) Room (Earlier Known As M/S. Asia No. 117, Scindia House, 1St Vs. Today Limited) M/S. Mgb Floor, Ballard Estate, N.M. & Co Llp Peninsula Road, Mumbai-400038 Business Park, Tower B, 19Th Floor, Lower Parel, Mumbai-400013 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aagca5649G (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri V. Vidyadhar (Dr) Assessee By: Shri Niraj Sheth & Jay Bhansali (Ar) सुनवाई की तारीख / Date Of Hearing: 01.03.2018 घोषणा की तारीख /Date Of Pronouncement: 31.05.2018

…utable to PE).” 8 ITA No. 8862/ Mum/2010 ITA. No.659/M/16 CO. No. 50/M/2018 A.Y. 2010-11 Zee TV USA Inc (A.Y. 2007-08) (at pages 27-28)” 5. The learned Counsel also relied in ITAT‟s decision in the case of Taj TV Ltd. vs ADIT (international Taxation) (2017) 162 ITD 674 (MumTrib.) “18. As regards ground No.1 of the Revenue's appeal, it is admitted fact that, similar to ground which has been decided in the assessment year 2007-08. Therefore, in view of the finding given there in, we hold that no further income chargeable to tax in India can be said to be attributable to the assessee for the reasons that the trans…

DCIT (It) 1(1)(2), Mumbai vs. Asia Today Ltd, Mumbai

Bench: Shri Shamim Yahya, Am & Shri Ravish Sood, Jm C.O. No. 138/Mum/2018 (Arising Out Of Ita No.5448/Mum/2016 (निर्धारण वषा / Assessment Years:2011-12)

…-12 Dy. Commissioner of Income tax (I.T) Vs. M/s Asia Today Ltd. I.T Solution I & C (Civil Appeal No. 6082 of 2015, dated 24.10.2017) and the order of a coordinate bench of the ITAT, Mumbai in the case of Taj T.V. Ltd, Vs. ADIT (International Taxation) (2017) 162 ITD 674 (Mum). It was thus submitted by the ld. A.R, that on the basis of the aforesaid view taken by the Tribunal, no further income of the assessee could be attributed and brought to tax in India. Per contra, the ld. D.R did not controvert the aforesaid contention so raised by the ld. A.R. 8. We have heard the authorized representatives for both the pa…

The ADIT (It)-2(2), Mumbai vs. M/S. Zee Tv Usa Inc., Mumbai

In the result, cross objection filed by the assessee is partly allowed and appeal of the Revenue is dismissed

Bench: Shri C.N. Prasad, Hon'Ble & Shri Manoj Kumar Aggarwal, Hon'Bleadit (It) 2(2) V. M/S. Zee Tv Usa Inc. 1St Floor, Room No. 116 Mauritus C/O Zee Telefilms Ltd., Scindia House, Ballard Estate, 135, Dr. Annie Besant Road, N.M. Road, Mumbai – 400 038 Continental Building, Worli Mumbai – 18 Pan No: Aaacf 1291 K (Appellant) (Respondent) Co.No. 47/Mum/2010 (A.Y: 2005-06) [Arising Out Of Ita No.5608/Mum/2008] M/S. Zee Tv Usa Inc. V. Adit (It) 2(2) 1St Mauritus C/O Zee Telefilms Ltd., Floor, Room No. 116 135, Dr. Annie Besant Road, Scindia House, Ballard Estate, Continental Building, Worli N.M.Road, Mumbai – 400 038 Mumbai – 18 Pan No: Aaacf 1291 K (Appellant) (Respondent)

…he basis of the concept of economic nexus is an important feature of attributable profits (profits attributable to PE).” (at pages 27-28)” 5. The learned Counsel also relied in ITAT’s decision in the case of Taj TV Ltd. vs ADIT (international Taxation) (2017) 162 ITD 674 (MumTrib.) “18. As regards ground No.1 of the Revenue's appeal, it is admitted fact that, similar to ground which has been decided in the assessment year 2007-08. Therefore, in view of the finding given there in, we hold that no further income chargeable to tax in India can be said to be attributable to the assessee for the reasons that the trans…