JUDGMENT

Arijit Banerjee, J. - This is an appeal against the order dated 29th August, 2014 passed by the Income Tax Appellate Tribunal 'B' Bench, Kolkata in ITA No.1422/KOL/2012 A.Y. 2010-11. By the said order the Learned Tribunal dismissed the department's appeal against the order dated 16th July, 2012 passed by the Commissioner of Income Tax (Appeals) - I, Kolkata in Appeal No.543/CIT(A) - 1/58(3)/11-12. By the said appellate order, the CIT had allowed the assessee's appeal against an order dated 29th July, 2011 passed by the ITO Wd. - 58(3), Kolkata ITNS - 51 under Sections 201(1)/201(1A) of the Income Tax Act (hereinafter referred as 'the said Act'), whereby the Assessing Officer had held that Section 194J of the said Act applied to the assessee and not Section 194C. Accordingly, the Assessing Officer had held the assessee liable on account of short deduction and interest thereon to the tune of Rs.1,46,36,656/-.

2. The brief facts of the case are that the assessee, at all material times, was engaged in the business of media broadcasting and telecasting. It had entered into an Up-linking Service Agreement with one ESSEL Shyam Communication Ltd. (ESCL) for Up-linking and Bandwidth