Income Tax Appeal dismissed as not maintainable because tax effect is less than Rs. 1 Crore, relying on CBDT Circular No.3/2018, despite Revenue's argument on Section 201 interest.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
ITA No. 156/2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JANUARY, 2023
PRESENT
THE HON'BLE MR JUSTICE P.S.DINESH KUMAR
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
INCOME TAX APPEAL NO.156 OF 2021
BETWEEN:
Digitally signed by YASHODHA N Location: HIGH COURT OF KARNATAKA
(BY SHRI. E.I. SANMATHI, STANDING COUNSEL)
AND:
AVESTAGENOME PROJECT INTERNATIONAL PVT LTD REGUS-UB CITY, CONCORDE 15TH FLOOR VITTAL MALLYA ROAD BANGALORE-560 001 …RESPONDENT (BY SHRI. A. SHANKAR, SENIOR ADVOCATE FOR SHRI. S. ANNAMALAI, ADVOCATE)
THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 17/07/2019 PASSED IN ITA NO.428/BANG/2018, FOR THE
ITA No. 156/2021
ASSESSMENT YEAR 2009-2010 PRAYING TO DECIDE THE SUBSTANTIAL QUESTIONS OF LAW FRAMED ABOVE IN FAVOUR OF THE APPELLANT AND SET ASIDE THE ORDER DATED 17/07/2019 IN ITA NO. 428/BANG/2018 PASSED BY THE HON'BLE INCOME TAX APPELLATE TRIBUNAL, 'A' BENCH, BENGALURU FOR THE ASSESSMENT YEAR 2009-2010 AND ETC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, P.S.DINESH KUMAR J. , DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the Revenue challenging the order dated 17th July, 2019 in ITA
No.428/Bang/2018 for the Assessment Year 2009-2010 passed by the ITAT1 .
the Revenue submitted that since the deduction is made
1 Income Tax Appellate Tribunal
2 F No.279/Misc.142/2007-ITJ (Pt)
ITA No. 156/2021
under Sections 201(1) and 201(1A) of the Income Tax
Act, 1961, interest payable must be treated as tax and accordingly submitted that this appeal is maintainable.
No costs.
Sd/-
JUDGE
Sd/JUDGE
AV
List No.: 1 Sl No.: 22
The Commissioner of Income-Tax (TDS)
The Deputy Commissioner of Income Tax Circle 16(1)
Avestagenome Project International Pvt Ltd
P.S. Dinesh Kumar
G. Basavaraja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
