PRINCIPAL COMMISSIONER OF INCOME TAX-7 vs. M/S TECHNOTREE CONVERGENCE LTD
What did the High Court hold?
The High Court noted that the substantial questions of law raised in the present appeal did not pertain to the ITAT order under challenge. Instead, they related to other pending appeals filed by the revenue.
What were the facts?
The revenue filed an appeal challenging the ITAT's order regarding disallowance of commission payments. The revenue raised substantial questions of law concerning the applicability of Section 195 and the nature of commission payments.
What were the issues?
Whether the ITAT was correct in setting aside the disallowance under Section 40(a)(ia) concerning commission payments, and whether the nature of these payments was disputed.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 02ND DAY OF SEPTEMBER, 2021
PRESENT
THE HON’BLE MRS. JUSTICE S. SUJATHA AND
THE HON’BLE MR. JUSTICE RAVI V. HOSMANI I.T.A.No.157/2021
BETWEEN:
PRINCIPAL COMMISSIONER OF INCOME TAX-7 BMTC COMPLEX, KORAMANGALA BENGALURU.
THE DEPUTY COMMISSIONER
OF INCOME TAX
CIRCLE-7(1)(1), BMTC COMPLEX
KORAMANGALA, BENGALURU … APPELLANTS
[BY SRI. SANMATHI E.I., ADVOCATE (PHYSICAL HEARING)]
AND:
M/s. TECHNOTREE CONVERGENCE LTD., 394-PHASE-IV UDYOG VIHAR, GURGAON-122 001. PAN No.AAACL 7345 L
… RESPONDENT
[BY SRI. K.R.VASUDEVAN, ADVOCATE (VIDEO CONFERENCE)]
THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED: 03.07.2019 PASSED IN ITA NO.1447/BANG/2017, FOR THE ASSESSMENT YEAR 2010-2011.
THIS APPEAL COMING ON FOR FURTHER ORDERS, THIS DAY, S.SUJATHA J., DELIVERED THE FOLLOWING:
J U D G M E N T
This appeal is filed by the revenue assailing the order of the Income-tax Appellate Tribunal, ‘C’ Bench, Bengaluru in appeal ITA No.1447/BANG/2017 relating to the Assessment Year 2010-11, raising the following substantial questions of law: (1) “Whether on the facts and circumstances of the case, the Tribunal was right in law in setting aside disallowance made under section 40(a)(ia) of the Act in respect of commission payment by holding that the provisions of section 195 are not applicable in the facts of present case ignoring that assessee had failed to establish nature of payments and even during the appellate proceedings, the assessee had not submitted complete details about the nature of services rendered by the payees for which commission has been paid and whether this would fall beyond the scope for fee for technical services?”
(2) “Whether on the facts and circumstances of the case, the Tribunal was right in law in holding that the nature of commission payments are not in dispute when the assessing authority has clearly disputed the same and made disallowance under section 40(a)(ia) of the Act since all the conditions set out in said provision was fulfilled?”.
Learned counsel for the revenue fairly submits that the substantial questions of law raised herein, do not relate to the ITA Nos.1447 and 1448/BANG/2017 decided by the tribunal, on the other hand, the same relates to ITA Nos.1519 and 1520/BANG/2017, against which the revenue has preferred ITA No.62/2021 and ITA FR No.216/2021. accordingly, submits that the appeal may be disposed of, as no substantial questions of law arise in the present appeal.
The said submission is placed on record.
In view of the aforesaid, appeal stands disposed of, as no substantial questions of law arises for consideration in this appeal.
It is needless to observe that the substantial questions of law raised herein, being the subject matter of the pending appeal ITA No.62/2021 and ITA F.R. No.216/2021, liberty is reserved to the revenue to urge the grounds relating to these substantial questions of law in the aforesaid pending appeals.
Sd/- JUDGE
Sd/- JUDGE
BVK
More judgments on Section 40(a)(ia)
- Rekha Agarwal, Jaipur vs ITO WD 4(1), JaipurITA 844/JPR/2025[2021-22]Status: Disposed21 Oct 2026AY 2021-22
- Cdg Petchem Limited, Hyderabad vs ITO, Ward - 1(1), HyderabadITA 1900/HYD/2025[2018-2019]Status: Disposed16 Oct 2026AY 2018-2019
- M/S. Shree Laminators Ltd., Kolkata vs DCIT, Circle 4(4), KolkataITA 1534/KOL/2026[2011-2012]Status: Disposed15 Oct 2026AY 2011-2012
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1493/KOL/2026[2015-2016]Status: Disposed15 Oct 2026AY 2015-2016
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1492/KOL/2026[2013-2014]Status: Disposed15 Oct 2026AY 2013-2014
Recent GST High Court judgments
Search GST case law →- Ganesh Trimbak Saraf And Another vs. The State Of Maharashtra And AnotherBombay · 26 Oct 2026
- M/S. Vajram Infra Material Industries vs. The State Of Andhra PradeshAndhra Pradesh · 26 Oct 2026
- Tyre Center vs. The Superintendent Of CGSTAndhra Pradesh · 26 Oct 2026
- M/S Monolith Resorts Private Limited vs. The CommissionerUttarakhand · 26 Oct 2026
- Sutlej Textiles And Industries Limited vs. Union Of INDIARajasthan · 26 Oct 2026