Income Tax Appellate Tribunal - Chennai
R.S.Suriya, Chennai vs Acit, Chennai on 31 July, 2017
आयकर अपील य अ धकरण, 'बी' यायपीठ, चे नई
IN THE INCOME TAX APPELLATE TRIBUNAL ,
'B' BENCH, CHENNAI
ी ए. मोहन अलंकामणी,लेखा सद य एवं
ी ध#ु व$
ु आर एल रे %डी, या(यक सद य केसम)
Before Shri A. Mohan Alankamony, Accountant Member And
Shri Duvvuru R.L. Reddy, Judicial Member
Miscellaneous Petition Nos.163/Mds/2017
in I.T.A.No.1242/ Mds/2013
( नधा रण वष / Assessm ent Year:2010-11)
Shri R.S. Suriya, Vs The ACIT,
15/17, Krishna Street, T. Nagar, Central Circle - II(5),
Chennai - 600 017. Chennai
PAN: ALRPS0353G
(Petitioner) ( यथ /Respondent)
Applicant by : Shri Jharna B. Harihal, FCA
यथ क ओरसे/Respondent by : Shri Surpiyo Pal, JCIT
सन
ु वाईक तार ख/Da t e of h e ar in g : 28.07.2017
घोषणाक तार ख /D at e of Pr on o unc em en t : 31.07.2017
आदे श / O R D E R
PER A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER:
The Miscellaneous Petition is filed by the assessee praying for rectification of mistake apparent on record by recalling the order of the Tribunal passed in I.T.A. No.1242/Mds/2013 dated 08.04.2015.
2. At the outset, the Ld.AR submitted that the advance amount received from M/s. Red Giant for Rs.1,50,00,000/- has been 2 MP No.163/Mds/2017 assessed as the income of the assessee for the assessment year 2009-10, which was accepted by the assessee. However, the Tribunal in its combined order dated 08.04.2015 for the assessment year 2009-10 and 2010-11 had erroneously recorded in page 14, para 6.1 that "the assessee had explained that the amount received by the assessee was an advance and the same was offered to income of the assessee during the subsequent assessment year 2011-12, however the Ld.CIT(A) directed the Ld.AO to treat the above said amount as income of the assessee during the relevant assessment year(Assessment Year 2010-11) and thereby enhanced the income." Thereafter the Tribunal had decided to remit back the matter to the file of Ld.AO with the following observation:
"6.3 After hearing both sides, we hereby remit the matter back to the file of the LD. Assessing Officer to examine the agreement executed by the assessee with M/s. Red Giant and pass appropriate order as per law and merits and in the light of the decision rendered by us with respect to the advance received by the assessee for Rs.2.5 crores from UTV Motion Pictures (Mauritius) Ltd., for the earlier assessment year following the decision of the earlier orders of the Tribunal. We have taken this decision because the agreement between the assessee and M/s.Red Giant is not before us for consideration."
2.1 Now before us the Ld.AR/Assessee has come out with a prayer that since the assessee had agreed for the addition in the 3 MP No.163/Mds/2017 assessment year 2009-10 and accordingly assessed by the Ld.AO, the order of the Ld.AO may be sustained and the subsequent order of the Ld.CIT(A) for assessing the same amount once again as the income of the assessee in the assessment year 2010-11 may be deleted, because it would amount to double taxation. The Ld.DR could not controvert to the submission of the Ld.AR.
3. After considering the rival submission, we are of the view that if the addition is made for the same amount in the assessment years 2009-10 and 2010-11, it would amount to double taxation. Therefore we hereby direct the Ld.AO to verify whether the addition for the advance amount of Rs.1,50,00,000/- received by the assessee has been assessed to tax in the assessment year 2009-10 and if accepted by the assessee, then, delete the addition made in the assessment year 2010-11, because it would amount to double taxation and further the assessee has accepted the addition in the assessment year 2009-10. However, if found otherwise the orders as stated in para 6.3 of the Tribunal dated 08.04.2015 shall stand reinstated. Accordingly the order of the Tribunal dated 08.04.2005 in para No.6.3 for the assessment year 2009-10 and 2010-11 stands modified.
4 MP No.163/Mds/2017
4. In the result, the Miscellaneous Petition filed by the assessee is allowed as indicated herein above.
Order pronounced in the court on 31st July 2017, at Chennai Sd/- Sd/-
(ध#ु व$
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(ए ामणी
(A. Mohan Alankamony)
लेखा सद य/Accountant
(Duvvuru R.L Reddy)
या(यक सद य/Judicial Member सद य Member
चे नई/Chennai,
दनांक/Dated 31st July, 2017
JR.
आ दे श क त$ल&प अ)े&षत/Copy to:
1. Applicant 2. Respondent 3. आ यकर आ य*
ु त (अपील)/CIT(A)
4. आ यकर आ य*
ु त/CIT 5. &वभागीय त न.ध/DR 6. गाड फाईल/GF.