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TMI Blog2019 (9) TMI 541X X X X Extracts X X X X X X X X Extracts X X X X ..... s T.V.Vision Ltd. [ 2018 (2) TMI 1923 - ITAT MUMBAI] wherein the co-ordinate bench, after considering various decisions, decided the issue in assessee s favour. X X X X Extracts X X X X X X X X Extracts X X X X ..... ated to be engaged in broadcasting television channels. 2.2 In the quantum assessment order the assessee has been saddled with disallowance u/s. 40(a)(ia) for want of deduction of tax at source as per statutory provisions, which is the sole subject matter of present appeal before us. The nature and quantum of disallowance is as per the following details: - No. Nature of Payment Disallowance Rs. (Rounded Off) 1. Payment of Carriage Fees ₹ 150.33 Lacs 2.3 The facts qua the addition are that during assessment proceedings, it transpired that the assessee debited an amount of ₹ 150.33 Lacs as carriage fees under the head Distribution Expenses. The assessee had deducted tax at source [TDS] against the same @ 2% u/s. 194C. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Hon'ble Mumbai ITAT in the case of Chandabhoy & Jassobhoy vs DCIT 49 SOT 448 has held that it is not the case that assessee has not deducted any amount. Assessee had deducted tax u/s 192 of the ITA and therefore provisions of section 40(a)(ia) of the ITA do not apply as the said provision can be invoked only in the event of non deduction of tax but not for lesser deduction of tax. Further the Hon'ble Calcutta High Court vide its order dated 03.12.2012 ITA No. 183 of 2012 has upheld the decision of Kolkata ITAT in case of DCIT vs S. K. Tekriwal 48 SOT 515, which has held similarly that provisions of section 40(a)(ia) would not apply in case short deduction. The Hon'ble Mumbai ITAT has in case of ACIT vs. NGC Networks Pvt Ltd. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the provisions of section 40(a)(ia) of the Act. We find that the Hon'ble Bombay High Court has in the case of Ashok Kumar Parekh (186 IT R212) has dealt with the binding precedence of the High Court judgements. Here, we would also like to reproduce the portion of the judgment delivered by the Hon'ble Bombay High Court in the case of Siemens India Ltd (156ITR 11)and same reads as under: "So far as the legal position is concerned, the ITO would be bound by a decision of the Supreme Court as also by a decision of the High Court of the state within whose jurisdiction he is (functioning), irrespective of the pendency of any appeal or special leave application against that judgment. He would equally be bound by a decision of anot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is accordingly partly allowed. Aggrieved, the revenue is in further appeal before us. 4. The Ld. Departmental Representative [DR] placed reliance on the decision of Hon'ble Kerala High Court rendered in CIT Vs. PVS Memorial Hospital [60 taxmann.com 69] to support the stand taken by Ld. AO. Per Contra, Ld. Authorized Representative for Assessee [AR], placed reliance on the favorable decision of this Tribunal rendered in ACIT Vs. M/s T.V.Vision Ltd. [ITA No.3387/Mum/2016 dated 28/02/2018] which has considered the decision being relied upon by the revenue. 5. We have carefully considered the submissions and material on record including the decisions cited before us. The undisputed position that emerges is that the assessee has suffered impu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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