DCIT vs. ASIA SATELLITE TELECOMMUNICATIONS CO LTD

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ITA - 37 / 2011HC Delhi14 January 201118 pages
For Petitioner: ABHISHEK MARATHA
AI SummaryDismissed

What did the High Court hold?

The Tribunal held that the issue of charging interest under Section 234B when income is subject to TDS has already been decided in favor of the assessee by a previous judgment of the Court.

What were the facts?

The Department appealed a decision regarding the charging of interest under Section 234B of the Income Tax Act. The assessee's income was subjected to TDS (Tax Deducted at Source).

What were the issues?

Whether interest under Section 234B is leviable on income that has already been subjected to TDS.

Which sections of the Income-tax Act were involved?

Section 234B

AI-generated summary — verify with the full judgment below

\ 2-9 # Vo L4.OL.2OLL Present: +lTA Nos. 31, 32, 35-4O/2O11 * we find today that only issue which is raised by the Department in these cases pertains to charging of interest under section 2348 of the lncome Tax Act, in view of the assessee's income being subjected to TDS. As far as this question is concerned, it already stands decided by the judgment of this Court dated 30th August, 2010 in a batch matter, the lead case being Director, lncome Tax v' M/s Mitsubishi in ITA No. 491 of 2008, in favour of the assessee' Accordingly, the present appeal is hereby dismissed' --7 @. M.L. MEHTA, J. JANUARY L4,2OL1 flK Mr. Abhishek Maratha, Sr. Standing Counsel with Ms. Rnshul Sharma, Advocate for the appellant' Mr.S.Ganesh,Sr.AdvocatewithMr'AnishKapur' Advocate for the resPondent. - - 2011:DHC:13536-DB

2011:DHC:13536-DB

2011:DHC:13536-DB

2011:DHC:13536-DB

2011:DHC:13536-DB

2011:DHC:13536-DB

2011:DHC:13536-DB

2011:DHC:13536-DB

2011:DHC:13536-DB

2011:DHC:13536-DB

2011:DHC:13536-DB

2011:DHC:13536-DB

2011:DHC:13536-DB

2011:DHC:13536-DB

2011:DHC:13536-DB

2011:DHC:13536-DB

2011:DHC:13536-DB

2011:DHC:13536-DB

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