The Commissioner of Income-tax, LTU, Bangalore / The Joint Commissioner of Income-tax, LTU, Bangalore v. Hewlett Packard India Sales P. Ltd. (Erstwhile Hewlett Packard India P. Ltd.)
[Citation -2020-LL-0817-11]
| Citation | 2020-LL-0817-11 |
|---|---|
| Appellant Name | The Commissioner of Income-tax, LTU, Bangalore / The Joint Commissioner of Income-tax, LTU, Bangalore |
| Respondent Name | Hewlett Packard India Sales P. Ltd. (Erstwhile Hewlett Packard India P. Ltd.) |
| Court | HIGH COURT OF KARNATAKA |
| Relevant Act | Income-tax |
| Date of Order | 17/08/2020 |
| Assessment Year | 2002-03 |
| Judgment | View Judgment |
| Keyword Tags | substantial question of law • due date • tds |
| Bot Summary: | Smt.Manasa Ananthan, learned counsel for Mr.T.Suryanarayana, learned counsel for the respondent. This appeal under Section 260-A of the Income Tax Act, 1961 has been preferred by the revenue which was admitted by a Bench of this Court on 17.10.2017 on the following substantial question of law: 3 Whether on the facts and in the circumstances of the case, the Tribunal is right in law in deleting the disallowance of sum of Rs.5,26,17,446/- made by Assessing Authority under Section 40(a)(ia) by holding that rigors of Section 40(a)(ia) cannot be attracted if the amount is paid during the next year even when the Assessing Authority has disallowed the same as per the mandate of said section as the TDS is not remitted within the due date as prescribed under the Act which is against the provisions of the law 3. When the matter was taken up today, learned counsel for the revenue fairly submitted that the substantial question of law has been answered against the revenue by the Supreme Court in COMMISSIONER OF INCOME-TAX, KOLKATA Vs. CALCUTTA EXPORT COMPANY 302 CTR 201. In view of the aforesaid enunciation of law, the substantial question of law framed by this Court in this 4 appeal is answered against the revenue and in favour of the assessee. |