The Commissioner of Income-tax, Mangalore / The Asst. Commissioner of Income-tax Circle-1, Udupi v. Syndicate Bank
[Citation -2020-LL-1014-42]

Citation 2020-LL-1014-42
Appellant Name The Commissioner of Income-tax, Mangalore / The Asst. Commissioner of Income-tax Circle-1, Udupi
Respondent Name Syndicate Bank
Court HIGH COURT OF KARNATAKA
Relevant Act Income-tax
Date of Order 14/10/2020
Assessment Year 2006-07
Judgment View Judgment
Keyword Tags substantial question of law • unpaid interest
Bot Summary: Mr.T.Suryanarayana, learned counsel for the assessee. This appeal under Section 260-A of the Income Tax Act, 1961 has been preferred by the revenue. The subject matter of the appeal pertains to the Assessment Year 2006-07. The appeal was admitted by a Bench of this Court vide order dated 19.02.2016 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 holding that the Revenue is liable to pay interest on the unpaid interest calculated under Section 244A of the I.T. Act when same is contrary to provisions of said section 3. When the matter was taken up today, learned counsel for the assessee submits that the substantial question of law involved in this appeal has been answered by a Bench of this Court in favour of the assessee and against the revenue by judgment dated 07.10.2020 passed in ITA No.582/2013. The aforesaid aspect of the matter could not be disputed by the learned counsel for the revenue. In view of the aforesaid submission and for the reasons assigned by us in the judgment dated 07.10.2020 passed in ITA No.582/2013, the substantial 4 question of law framed in this appeal is answered against the revenue and in favour of the assessee.


1 IN HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS 14TH DAY OF OCTOBER 2020 PRESENT HON BLE MR. JUSTICE ALOK ARADHE AND HON BLE MR. JUSTICE H.T.NARENDRA PRASAD I.T.A. NO.624 OF 2015 BETWEEN: 1. COMMISSIONER OF INCOME-TAX C.R. BUILDING, ATTAVARA MANGALORE-575001. 2. ASST. COMMISSIONER OF INCOME-TAX CIRCLE-1, AAYAKAR BHAVAN MALPE ROAD, AADIUDUIP AMBALAPADI PO, UDUPI-576103. ... APPELLANTS (BY SRI. K.V. ARAVIND, ADV.) AND: M/S. SYNDICATE BANK H.O. MANIPAL UDUPI-576104 PNA: AACCS4699E. ... RESPONDENT (BY SRI. T. SURYANARAYANA, ADV.) --- THIS I.T.A. IS FILED UNDER SECTION 260-A OF I.T.ACT, 1961, ARISING OUT OF ORDER DATED 30-06-2015 2 PASSED IN ITA NO.1703/BANG/2013, FOR ASSESSMENT YEAR 2006-07, PRAYING TO: I. FORMULATE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE. II. ALLOW APPEAL AND SET ASIDE ORDER PASSED BY ITAT, BENGALURU IN ITA NO.1703/BANG/2013 DATED 30.06.2015 CONFIRMING ORDER OF APPELLATE COMMISSIONER AND CONFIRM ORDER PASSED BY ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1, UDUPI. THIS I.T.A. COMING ON FOR ADMISSION, THIS DAY, ALOK ARADHE J., DELIVERED FOLLOWING: JUDGMENT Mr.K.V.Aravind, learned counsel for revenue. Mr.T.Suryanarayana, learned counsel for assessee. 2. This appeal under Section 260-A 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 2006-07. appeal was admitted by Bench of this Court vide order dated 19.02.2016 on following substantial question of law: 3 Whether on facts and in circumstances of case, Tribunal is right in law in holding that Revenue is liable to pay interest on unpaid interest calculated under Section 244A of I.T. Act when same is contrary to provisions of said section? 3. When matter was taken up today, learned counsel for assessee submits that substantial question of law involved in this appeal has been answered by Bench of this Court in favour of assessee and against revenue by judgment dated 07.10.2020 passed in ITA No.582/2013. aforesaid aspect of matter could not be disputed by learned counsel for revenue. 4. In view of aforesaid submission and for reasons assigned by us in judgment dated 07.10.2020 passed in ITA No.582/2013, substantial 4 question of law framed in this appeal is answered against revenue and in favour of assessee. In result, appeal fails and is dismissed. Sd/- JUDGE Sd/- JUDGE RV Commissioner of Income-tax, Mangalore / Asst. Commissioner of Income-tax Circle-1, Udupi v. Syndicate Bank
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