9911796707
TMI Blog2024 (11) TMI 1313X X X X Extracts X X X X X X X X Extracts X X X X ..... before the Ld. CIT(A) and not during the assessment proceedings despite opportunities given. There is no ground to interfere with the finding of the CIT(A) in deleting the disallowance. Further, as per the submissions of the AR about the short time made available to the assessee company for submitting the agreement effective from 01.04.2013, which has not been contested by the AO, it is held that there is no violation of Rule-46A in this case in admitting the agreement effective from 01.04.2013 by the Ld. CIT(A). Ground no.1 and 2 of the appeal is dismissed. - Shri Mahavir Singh, Vice President And Shri Brajesh Kumar Singh, Accountant Member For the Revenue : Sh. Krishna K. Ramawat, Sr. DR For the Assessee : Dr. Rakesh Gupta, Adv. And Sh. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee to produce the copy of ledger, copy of agreement and the relevant bank statement. The assessee submitted the copy of agreement and ledger of expenses except the ledger of Production and Broadcasting Fees . The AO also stated that the assessee did not provide the bank statement either. On perusal of the agreement, it was noticed that the charges on sale of product on channels or third party channels under the head production and broadcasting fee was @ 8% of the invoiced amount less taxes. The AO noted that the said agreement was effective from 1st September, 2013 and the assessee was asked to produce the rate of the said charges w.e.f 01.04.2013, which was not submitted. From the rate of charges made available by the assessee, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngs, the AR submitted that the case was heard in October, 2016 and all the submissions were completed and asked the AO to inform if any further details was required by him. According to the ld. AR, no clarification was asked till 31.12.2016 (on the date on which the case was getting time bared) when on 31.12.2016 at 1.57 PM a mail was sent by way of a show cause notice dated 30.12.2016 asking for further information and giving time upto 31.12.2016 at 5.30 PM. It was informed by the assessee company that the concerned person was out of Delhi and the Directors were also not in town but still the assessee company deputed Ms. Mansi Jain, to explain the AO as far as possible the questions that the AO had asked. However, it is stated that when sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... levant discussion of the Ld. CIT(A) in para no.6 to 6.1.1 is reproduced as under:- 6. Determination 6.1 The appellant has raised five grounds of appeal out of which grounds of appeal Nos. 1 to 4 challenge the disallowance of Rs. 5,21,32,655/- out of production and broadcasting fees claimed. Since this these grounds of appeal are interlinked, these are being adjudicated together. 6.1.1 I have considered the assessment order and the submissions of the appellant. The main reason why the Assessing Officer has made the disallowance on account of production and broadcasting fees appears to be the inability of the appellant to produce a copy of document to support its contention regarding the rate of charges with effect from 01.04.2013 since the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 15.7% for the period 01.04.2013 to 31.08.2013. Consequently, the addition made is deleted. Grounds of appeal Nos. 1 to 4 are allowed. 4. Against the above order, the Revenue is in appeal before us. 5. During the hearing before us, the ld. DR relied upon the order of the AO, whereas the ld. AR supported the order of the Ld. CIT(A). 6. We have heard both the parties and perused the material available on record. On merits, no material has been brought on record by the ld. DR to contradict the finding of the ld. CIT(A). We find that the order of the Ld. CIT(A) is based on sound reasoning and after verifying the rate of Production and Broadcasting Fees @ 15.70% in the agreement for the period 01.04.2013 (placed at page no. 4 to 46 of the pape ..... X X X X Extracts X X X X X X X X Extracts X X X X
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