THE COMMISSIONER OF INCOME TAX vs. M/S AD2PRO MEDIA SOLUTIONS PVT LTD

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ITA/162/2021HC KarnatakaKAHC01008868202130 January 2023Bench: P.S.DINESH KUMAR,RAMACHANDRA D. HUDDAR5 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the first substantial question of law regarding DTAA overriding the Income Tax Act is covered by a previous decision in favour of the assessee. The second question concerning the interpretation of the CBDT circular was also covered by a prior ruling in favour of the assessee.

What were the facts?

The Revenue filed appeals challenging the Income-Tax Appellate Tribunal's orders for assessment years 2013-14, 2014-15, and 2015-16. The appeals raised questions regarding the overriding effect of Double Taxation Avoidance Agreements and the interpretation of a CBDT circular concerning interest under Section 201(1A).

What were the issues?

Whether Double Taxation Avoidance Agreements override the Income Tax Act provisions, and how interest under Section 201(1A) is to be interpreted in light of CBDT Circular No.3/2018.

Which sections of the Income-tax Act were involved?

Section 201(1A),Section 201(1)

AI-generated summary — verify with the full judgment below

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ITA No. 160 of 2021 C/W ITA Nos. 162 of 2021 and 163 of 2021

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2023 PRESENT THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR INCOME TAX APPEAL NO. 160 OF 2021 C/W INCOME TAX APPEAL NOS. 162 OF 2021 AND 163 OF 2021

IN ITA NO.160/2021 BETWEEN: 1. THE COMMISSIONER OF INCOME-TAX INTERNATIONAL TAXATION, 4TH FLOOR, BMTC BUILDING, 80 FEET ROAD, KORAMANGALA, BENGALURU 560095.

2.

THE DEPUTY COMMISSIONER OF INCOME-TAX INTERNATIONAL TAXATION, CENTRAL CIRCLE 1 (1), 4TH FLOOR, BMTC BUILDING, 80 FEET ROAD, KORAMANGALA, BENGALURU – 560095. …APPELLANTS (BY SRI. ARAVIND K V., SENIOR STANDING COUNSEL) AND: 1. M/S AD2PRO MEDIA SOLUTIONS PVT LTD NO.10, 2ND FLOOR, BANNERGHATTA ROAD,

Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA

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ITA No. 160 of 2021 C/W ITA Nos. 162 of 2021 and 163 of 2021

J P NAGAR, III PHASE, BENGALURU 560078, PAN AAFCA9412A …RESPONDENT (BY SRI. CHANDRASHEKAR V., ADVOCATE)

THIS APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT, 1961, ARISING OUT OF ORDER DATED 20.03.2020 PASSED IN ITA NO.1924/BANG/2019, FOR THE ASSESSMENT YEAR 2013-14. IN ITA NO.162 OF 2021 BETWEEN: 1. THE COMMISSIONER OF INCOME-TAX INTERNATIONAL TAXATION, 4TH FLOOR, BMTC BUILDING, 80 FEET ROAD, KORAMANGALA, BENGALURU - 560095.

2.

THE DEPUTY COMMISSIONER OF INCOME-TAX INTERNATIONAL TAXATION, CIRCLE 1 (1), 4TH FLOOR, BMTC BUILDING, 80 FEET ROAD, KORAMANGALA, BENGALURU – 560095. …APPELLANTS (BY SRI. ARAVIND K V., SENIOR STANDING COUNSEL) AND: 1. M/S AD2PRO MEDIA SOLUTIONS PVT LTD NO.10, 2ND FLOOR, BANNERGHATTA ROAD, J P NAGAR, III PHASE, BENGALURU - 560078, PAN AAFCA9412A …RESPONDENT (BY SRI. CHANDRASHEKAR V., ADVOCATE)

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ITA No. 160 of 2021 C/W ITA Nos. 162 of 2021 and 163 of 2021

THIS APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT, 1961, ARISING OUT OF ORDER DATED 20.03.2020 PASSED IN ITA NO.1925/BANG/2019, FOR THE ASSESSMENT YEAR 2014-15. IN ITA NO.163 OF 2021 BETWEEN: 1. THE COMMISSIONER OF INCOME-TAX INTERNATIONAL TAXATION, 4TH FLOOR, BMTC BUILDING, 80 FEET ROAD, KORAMANGALA, BENGALURU - 560095.

2.

THE DEPUTY COMMISSIONER OF INCOME-TAX INTERNATIONAL TAXATION, CIRCLE 1 (1), 4TH FLOOR, BMTC BUILDING, 80 FEET ROAD, KORAMANGALA, BENGALURU – 560095. …APPELLANTS (BY SRI. ARAVIND K V., SENIOR STANDING COUNSEL) AND: 1. M/S AD2PRO MEDIA SOLUTIONS PVT LTD NO.10, 2ND FLOOR, BANNERGHATTA ROAD, J P NAGAR, III PHASE, BENGALURU - 560078, PAN AAFCA9412A …RESPONDENT (BY SRI. CHANDRASHEKAR V., ADVOCATE)

THIS APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT, 1961, ARISING OUT OF ORDER DATED 20.03.2020 PASSED IN ITA NO.1926/BANG/2019, FOR THE ASSESSMENT YEAR 2015-16.

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ITA No. 160 of 2021 C/W ITA Nos. 162 of 2021 and 163 of 2021

THESE APPEALS COMING ON FOR FINAL HEARING, THIS DAY, P.S. DINESH KUMAR J., DELIVERED THE FOLLOWING: JUDGMENT

1.

These three appeals by the Revenue challenging the Orders passed by the Income-Tax Appellate Tribunal, dated 20.03.2020 in ITA Nos. 1924/Bang/2019, 1925/Bang/2019, 1926/Bang/2019, have been admitted to consider following two substantial questions: " 1. Whether on the facts and in the circumstances of the case, it can be said that provisions of Double Taxation Avoidance Agreements will override provisions of Income Tax Act? 2. Whether on the facts and in the circumstances of the case, the Tribunal is right in law in interpreting the CBDT Circular No.3/2018 in a manner as to exclude the tax effect on interest under section 201(1A) of the Act was by way of a single order and that interest under section 201(1A) is independent of tax liability under Section 201(1) and is not interest thereon?" 2. At the outset, Sri.V.Chandrashekar learned Advocate for the assessee submits that the first question is covered against the Revenue by the decision of this Court in COMMISSIONER OF INCOME TAX AND ANOTHER Vs. M/S. WIPRO LTD. in

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ITA No. 160 of 2021 C/W ITA Nos. 162 of 2021 and 163 of 2021

ITA No.181/2019 and connected cases decided on 29.11.2022 and the second question is covered against Revenue in COMMISSIONER OF INCOME TAX AND ANOTHER Vs. AVESTAGENOME PROJECT

in ITA No.156/2021 decided on 03.01.2023.

3.

The said submission is not disputed by Sri. K.V. Aravind, learned Senior Standing Counsel for the appellant/Revenue. Hence, appeals are dismissed. The questions of law are answered in favour of assessee and against the Revenue.

No costs.

Sd/- JUDGE

Sd/- JUDGE

sac*

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