M/S. ANSYS SOFTWARE PVT LTD,BENGALURU vs. INCOME TAX OFFICER, WARD-1(1), INTERNATIONAL TAXATION, BENGALURU
What did the Tribunal hold?
The Tribunal found that the CIT(A) passed orders ex-parte due to the assessee's repeated adjournments. Therefore, the Tribunal set aside the CIT(A)'s orders and restored them for fresh adjudication, ensuring the assessee gets a proper opportunity to be heard.
What were the facts?
The assessee company was charged interest under Section 201(1A) for belated payment of TDS on software license payments made to a US company. The assessee contended no TDS obligation, but the CIT(A) confirmed the levy based on prior High Court rulings.
What were the issues?
Whether the CIT(A) erred in confirming interest under Section 201(1A) without providing the assessee with an adequate opportunity to present its case.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Samsung Electronics Ltd.461 citing345 ITR 494 · 2012 · HC · Read judgment
Income Tax Appellate Tribunal, “A’’ BENCH : BANGALORE
Before: SHRI B.R BASKARAN & SHRI PAVAN KUMAR GADALE
PER BENCH: All the appeals filed by the assessee are directed against the orders passed by Ld CIT(A)-12, Bengaluru and they relate to the assessment years 2007-08 to 2010-11. In all these appeals, the assessee is challenging the order passed by Ld CIT(A) confirming the interest charged u/s 201(1A) of the Act for belated payment of TDS amount.
We heard the parties and perused the record. The assessee company is authorised to distribute license for software products as per the agreement entered by the assessee with M/s Ansys Inc. USA. The payment to the USA company for purchase of software licences was made after deduction of TDS. The AO noticed that the assessee has remitted the TDS amount belatedly and accordingly levied interest u/s 201(1A) of the Act in all the years under consideration.
The assessee challenged the orders so passed by the AO by filing appeals before the Ld CIT(A), inter alia, contending that there was no obligation on its part to deduct TDS and hence the AO was not justified in charging interest u/s 201(1A) of the Act. However, despite giving several opportunities, the assessee either sought adjournment (or) did not reply (or) prayed for abeyance by stating that the question as to whether the payment made for purchase of software is royalty or not? is pending before Hon’ble Supreme Court. In view of non-cooperation, the Ld CIT(A) proceeded to pass the order and confirmed the interest charged by the AO by observing that the Hon’ble jurisdictional Karnataka High Court has held the payments for purchase of software as royalty in the case of Samsung Electronics Company Ltd (345 ITR 494). Accordingly the Ld CIT(A) held that the assessee is liable to deduct tax at source from the payment made to USA company. Since the TDS amount deducted by the assessee was remitted belatedly, the Ld CIT(A) confirmed the orders passed by the AO and accordingly dismissed the appeals filed by the assessee in all the years.
Aggrieved, the assessee has filed these appeals before us.
We heard the parties and perused the record. We notice that the Ld CIT(A) has, in effect, passed the orders ex-parte, as the assessee was seeking adjournment from time to time on one reason or another. Hence there was no occasion for the assessee to furnish its contentions against the levy of interest u/s 201(1A). In our view, the assessee should be provided with proper opportunity of being heard. Accordingly we set aside the orders passed by Ld CIT(A) in all the years under consideration and restore them to his file for adjudicating the issues afresh, after affording adequate opportunity of being heard to the assessee. We also direct the assessee to fully co-operate with the Ld CIT(A) by furnishing all the information and explanations for expeditious disposal of appeals.
In the result, all the appeals of the assessee are treated as allowed for statistical purposes.
Order pronounced in the Open Court on 5th May, 2019.
More judgments on Section 201(1A)
- Tmw Fintech Private Limited, Mumbai vs Circle 14(1)(2), MumbaiITA 30/MUM/2026[2019-20]Status: Disposed14 Oct 2026AY 2019-20
- Sbi, (Erstwhile Sbbj), Baran vs ITO (TDS), KotaITA 143/JPR/2026[2017-18]Status: Disposed13 Oct 2026AY 2017-18
- State Bank of India, Guna vs Income Tax Officer, TDS, GwaliorITA 432/AGR/2026[2017-18]Status: Disposed7 Oct 2026AY 2017-18
- State Bank of India Regional Business… vs Income Tax Officer, TDS Gwalior, GwaliorITA 420/AGR/2026[2016-17]Status: Disposed7 Oct 2026AY 2016-17
- State Bank of India, Tikamgarh vs Income Tax Officer, TDS ITO (TDS) Gwalior…ITA 411/AGR/2026[2017-18]Status: Disposed7 Oct 2026AY 2017-18
Recent GST High Court judgments
Search GST case law →- Dwaraka Jewellers, Bhubaneswar vs. Superintendent, CGST And Central Excise, BhubaneswarOrissa · 31 Oct 2026
- M/S N D Waddar And Co vs. Sri Gaurav GuptaKarnataka · 30 Oct 2026
- Kanwar Enterprises Private Limited vs. The Joint Commissioner - State TaxTelangana · 30 Oct 2026
- M/S. Bangi Mines And Minerals vs. The State Of TelanganaTelangana · 30 Oct 2026
- M/S. Arka Business Solutions vs. Principal Commissioner Of CustomsTelangana · 30 Oct 2026