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TMI Blog2021 (1) TMI 37X X X X Extracts X X X X X X X X Extracts X X X X ..... S. Rifaur Rahman, AM And Shri Ram Lal Negi, JM For the Appellant : Shri Manjunatha Swamy, DR For the Respondent : Ms. Aarti Vissanji, AR ORDER PER S. RIFAUR RAHMAN (ACCOUNTANT MEMBER): The present four (4) cross appeals have been filed by the assessee and revenue against the order of Commissioner of Income Tax (Appeals)-6, Mumbai, in short Ld. CIT(A) dated 28.07.2016 for AY 2007-08 2008-09 respectively. 2. Since the issue raised in all the appeals are identical, therefore, for the sake of convenience, these appeals are clubbed, heard and disposed of by this consolidated order. We are taking the Assessment Year 2007-08 as lead case to adjudicate 3. The brief facts of the case are, the assessee is engaged in the business of investment holdin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0,000/- to M/s. Vaishnavi Corporate Communications Pvt. Ltd. (VCCPL) and omitted to grant credit for DIT relief amounting to ₹ 1,11,15,750/- as directed by CIT(A) vide order dated 31.01.2012. 7. Aggrieved with the above order, assessee preferred an appeal before Ld CIT(A) and submitted before him a detailed submission. Ld. CIT(A) after considering the submission of assessee, partly allowed the appeal of assessee by allowing 50% of payments made to M/s. Vaishnavi Corporate Communications Pvt. Ltd. on ad hoc basis. 8. Aggrieved with the above order, revenue and assessee are in appeal before us on the solitary ground that Ld. CIT(A) erred in allowing 50% of payments made to M/s Vaishnavi Corporate Communications Pvt. Ltd. (VCCPL) as cons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e on merits. For the sake of clarity, it is reproduced below:- 7.5. We have heard rival submissions and perused the materials available on record. We find that the following documents were duly placed on record before the lower authorities:- (a) Copy of media relations, strategic planning and public affairs services agreement entered into between assessee and VCCPL dated 21/11/2006 together with Annexure-A containing list of Tata companies that are part of this agreement; (b) Annexure-B defining various services to be rendered by the parties concerned; (c) Annexure-C defining the data code of conduct; (d) Annexure-D defining the data code of conduct for prevention of insider trading and code of corporate disclosure practices (enclosed in pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... trategies and has rendered services in those areas to the assessee company and other Tata companies since 01/11/2001. These facts are not disputed by the revenue before us. We find that primarily the assessee herein has made investments of ₹ 1700/- Crores in its subsidiary company Tata Realty Investment and Infrastructure Ltd. The said subsidiary company had utilised the said funds to buy lands from Unitech Group and it was Unitech group which had ultimately acquired 2G telephone spectrum licenses from Department of Telecommunications, Government of India which are governed by Telecom Regulatory Authority of India (TRAI) regulations. Hence, the primary transactions of amounts invested by the assessee in Tata Realty Investment and Infr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Cores towards media relation agency fees. We also find that similar services were rendered by VCCPL to the assessee in earlier years as well as in subsequent years which were duly allowed as deduction by the Revenue as under:- Fees Paid (excluding service tax) Year Amount (Rs.) AY 2004-05 8.07 AY 2005-06 9.12 AY 2006-07 9.12 AY 2007-08 10.45 AY 2008-09 12.31 AY 2009-10 12.31 AY 2010-11 12.31 AY 2011-12 12.31 AY 2012-13 (upto 31st Oct. 2011) 7.18 7.8. Hence, in view of the aforesaid observations and applying the principle of consistency as has been held by the Hon ble Supreme Court in the case of Radhasaomi Satsang reported in 193 ITR 321 (SC), in allowing such claim to the assessee in earlier as well as in subsequent years, we hold that th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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