ASST COMMISSIONER OF INCOME TAX, CIRCLE 2, PUNE vs. NORTH AMERICAN COAL CORPORATION INDIA P LTD, PUNE
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that an order passed by the ITSC is an 'other proceeding' under the Act, entitling the assessee to suo motu refund under Section 240. It further clarified that 'taxes already paid' includes TDS under Section 199, and thus, credit for TDS should be granted.
What were the facts?
The assessee, a subsidiary of a US company, paid royalty to its parent. The Assessing Officer (AO) denied credit for Tax Deducted at Source (TDS) despite an order from the Income-tax Settlement Commission (ITSC) directing credit for taxes paid. The assessee had not filed a return for the relevant assessment year before approaching the ITSC.
What were the issues?
Whether credit for TDS is admissible under Section 240 when an order is passed by the ITSC, even if no return was filed before approaching the ITSC. Whether 'taxes already paid' in the context of an ITSC order includes TDS.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PUNE BENCH “SMC”, PUNE – VIRTUAL COURT
Before: SHRI R.S. SYAL
आदेशानुसार आदेशानुसार/ BY ORDER, आदेशानुसार आदेशानुसार // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune North American Coal Corporation India Pvt. Ltd.,
Date 1. Draft dictated on 21-04-2021 Sr.PS 2. Draft placed before author 22-04-2021 Sr.PS 3. Draft proposed & placed -- JM before the second member 4. Draft discussed/approved -- JM by Second Member. 5. Approved Draft comes to Sr.PS the Sr.PS/PS 6. Kept for pronouncement Sr.PS on 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *
More judgments on Section 240
- Madhavan Kesavan Haridas, Mumbai vs Income Tax Officer Ward 2(2)(1), MumbaiITA 5583/MUM/2026[2018-19]Status: Disposed7 Sept 2026AY 2018-19
- Sheetal Santosh Shetye, Mumbai vs ITO Ward 31(2)(1), MumbaiITA 2690/MUM/2026[2018-2019]Status: Disposed3 Jul 2026AY 2018-2019
- Improvement Trust, Rajpura vs ITO Exemption, ChandigarhITA 419/CHANDI/2025[2017-18]Status: Disposed3 Sept 2025AY 2017-18
- Nkb Infrastructure Private Limited, Rewari… vs Income Tax Officer, Ward-2, Rewari, HaryanaITA 5312/DEL/2024[2012-13]Status: Disposed31 Jul 2025AY 2012-13
- Vinay Parmanand Hariani, Mumbai vs ITO International Taxation Ward 2(2)(1)…ITA 2891/MUM/2024[2017-18]Status: Disposed24 Jul 2024AY 2017-18
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