The Commissioner of Income-tax, Bangalore / The Addl. Director of Income-tax International Taxation, Range-I, Bangalore v. IBM World Trade Corporation
[Citation -2020-LL-1001-33]

Citation 2020-LL-1001-33
Appellant Name The Commissioner of Income-tax, Bangalore / The Addl. Director of Income-tax International Taxation, Range-I, Bangalore
Respondent Name IBM World Trade Corporation
Court HIGH COURT OF KARNATAKA
Relevant Act Income-tax
Date of Order 01/10/2020
Assessment Year 2008-09
Judgment View Judgment
Keyword Tags rate of tax • interest


1 IN HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS 1ST DAY OF OCTOBER 2020 PRESENT HON BLE MR. JUSTICE ALOK ARADHE AND HON BLE MR. JUSTICE H.T.NARENDRA PRASAD I.T.A. NO.429 OF 2015 BETWEEN: 1. COMMISSIONER OF INCOME-TAX C.R. BUILDING, QUEENS ROAD BANGALORE. 2. ADDL. DIRECTOR OF INCOME-TAX INTERNATIONAL TAXATION, RANGE-I RASHTROTHANA BHAVAN NRUPATHUNGA ROAD, BANGALORE-01. ... APPELLANTS (BY Mr. K.V. ARAVIND, ADV.) AND: M/S. IBM WORLD TRADE CORPORATION C/O. BMR & ASSOCIATES LLP LEVEL 3, PRESTIGE NEBULA-1 8-12, CUBBON ROAD, BANGALORE. ... RESPONDENT (BY Mr. T. SURYANARAYANA, A/W Ms. MAHIMA GOUD, ADVS.,) --- THIS I.T.A. IS FILED UNDER SECTION 260-A OF I.T.ACT, 1961, ARISING OUT OF ORDER DATED 17-04-2015 2 PASSED IN ITA NO.1676/BANG/2012, FOR ASSESSMENT YEAR 2008-09, ANNEXURE-D, PRAYING TO: I. FORMULATE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE. II. ALLOW APPEAL AND SET ASIDE ORDER PASSED BY ITAT, BANGALORE IN ITA NO.1676/BANG/2012 DATED 17-04-2015, ANNEXURE-D AND CONFIRM ORDER OF APPELLATE COMMISSIONER CONFIRMING ORDER PASSED BY DY. DIRECTOR OF INCOME TAX, (INTERNATIONAL TAXATION), RANGE-1, BANGALORE. THIS I.T.A. COMING ON FOR FINAL HEARING, THIS DAY, ALOK ARADHE J., DELIVERED FOLLOWING: JUDGMENT This appeal under Section 260A of Income Tax Act, 1961 (hereinafter referred to as Act for short) has been preferred by revenue. subject matter of appeal pertains to Assessment year 2008-09. appeal was admitted by bench of this Court vide order dated 02.06.2016 on following substantial question of law: (i) Whether on facts and in circumstances of case Tribunal is right in law in deleting application of blanket rate of tax made by Assessing Officer on total income returned by assessee 3 when assessing officer rightly levied uniform rate of 15% on total income returned by assessee and raised demand of Rs.6.58 crores in accordance with provisions of Act and DATT? (ii) Whether on facts and in circumstances of case, Tribunal is right in law in deleting interest levied under section 234B and section 234C of Act when same is in accordance with parameters of said section? 2. For reasons assigned by us in order passed today in ITA No.278/2012, substantial questions of law are answered against revenue and in favour of assessee. 4 In result, appeal fails and is hereby dismissed. Sd/- JUDGE Sd/- JUDGE RV Commissioner of Income-tax, Bangalore / Addl. Director of Income-tax International Taxation, Range-I, Bangalore v. IBM World Trade Corporation
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