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    Ita429 15 01 10 2020

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    Ita429 15 01 10 2020

    Uploaded by

    kamal23.work
    1 views4 pages

    Original Title

    ITA429-15-01-10-2020

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    Ita429 15 01 10 2020

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    of 4

    1

    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 1ST DAY OF OCTOBER 2020

    PRESENT

    THE HON’BLE MR. JUSTICE ALOK ARADHE

    AND

    THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD

    I.T.A. NO.429 OF 2015


    BETWEEN:

    1. THE COMMISSIONER OF INCOME-TAX


    C.R. BUILDING, QUEENS ROAD
    BANGALORE.

    2. THE 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 THE ASSESSMENT


    YEAR 2008-09, ANNEXURE-D, PRAYING TO:
    I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW
    STATED ABOVE.
    II. ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED
    BY THE ITAT, BANGALORE IN ITA NO.1676/BANG/2012
    DATED 17-04-2015, ANNEXURE-D AND CONFIRM THE
    ORDER OF THE APPELLATE COMMISSIONER CONFIRMING
    THE ORDER PASSED BY THE 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 THE FOLLOWING:

    JUDGMENT

    This appeal under Section 260A of the Income Tax

    Act, 1961 (hereinafter referred to as the Act for short)

    has been preferred by the revenue. The subject matter

    of the appeal pertains to the Assessment year 2008-09.

    The appeal was admitted by a bench of this Court vide

    order dated 02.06.2016 on the following substantial

    question of law:

    (i) Whether on the facts and in the


    circumstances of the case the Tribunal is right
    in law in deleting the application of a blanket
    rate of tax made by the Assessing Officer on
    the total income returned by the assessee
    3

    when the assessing officer rightly levied a


    uniform rate of 15% on the total income
    returned by the assessee and raised a
    demand of Rs.6.58 crores in accordance with
    provisions of the Act and DATT?

    (ii) Whether on the facts and in the


    circumstances of the case, the Tribunal is
    right in law in deleting the interest levied
    under section 234B and section 234C of the
    Act when same is in accordance with
    parameters of the said section?

    2. For the reasons assigned by us in the order

    passed today in ITA No.278/2012, the substantial

    questions of law are answered against the revenue and

    in favour of the assessee.


    4

    In the result, the appeal fails and is hereby

    dismissed.

    Sd/-
    JUDGE

    Sd/-
    JUDGE

    RV

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