PCIT v. Kal Comm. (P) Ltd. (2021) 436 ITR 66/ 203 DTR 249/ 321 CTR 771 / 281 Taxman 388 (Mad.) ( HC)

S. 199 : Deduction at source – Credit for tax deducted -Cable operator – Subscription not shown as income – Tax deducted was paid to Government – Entitle to credit .[ S.199 (2) , Rule 37BA(2) (i) ]

Dismissing the appeal of the revenue the Court held that though  subscription collected by assessee from various Cable Operators was not income of assessee, same was not shown in profit and loss account , since TDS had been deducted in name of assessee and paid to Government at time of making collections, assessee would be entitled to get credit of same while receiving commission income .  (AY. 2009-10, 2010-11 , 2011-12)