Itta/76/2014 Of Commr Of Income Tax-Iv v. M/S Nine Star Communications Pvt Ltd

HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDHON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A.No.76 of 2014 Date: 21.02.2014 Between: The Commissioner of Income Tax-IV,Hyderabad .....Appellant AND M/s Nine Star Communications Pvt. LtdHyderabad. ...Respondent HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDHON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A.No.76 of 2014 JUDGMENT:(per Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta ) This appeal is sought to be preferred and admitted againstthe judgment and order of the learned Tribunal dated 28[th] June,2013 in relation to the assessment year 2006-07 on the followingsuggested question of law: “Whether on the facts and in thecircumstances of the case and in law, the Tribunal iscorrect in holding the amounts collected by theassessee are not its receipts and that the paymentsmade to M/s ABPL do not attract provisions ofSection 40(a)(ia) of the Income Tax Act, 1961? We have heard the learned Counsel for the appellant andgone through the impugned judgment and order of the learnedTribunal. It appears that the learned Tribunal on fact found that theassessee has duly accounted for the income in its books ofaccount and this has also been confirmed by further fact-finding inthe manner as follows: “M/s ABPL has duly accounted for thereceipts in its books of account and the same werecorroborated by confirmation letters dated23.05.2011.” In view of the aforesaid fact-finding, we do not find anydecision is to be rendered and the law has been applied correctly. Accordingly, we dismiss the appeal. Miscellaneous petitionspending, if any, shall also stand closed. ___________________ K.J. SENGUPTA, CJ __________________J SANJAY KUMAR, 21-2-2014 Gsn