Karnataka Power Transmission Corporation Ltd. v. DCIT

383 ITR 59High Court2016#1765 most cited

What is Karnataka Power Transmission Corporation Ltd. v. DCIT authority for?

Tax must be deducted at source under Section 194A only on interest that ultimately partakes the character of income for the recipient. If interest does not qualify as income or falls outside the scope of Section 2(28A), there is no obligation to deduct TDS.

64

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2016 to 2024.

Also referred to as

Karnataka Power Transmission Corporation Ltd v DCIT · Section 194A · Section 2(28A) · TDS on interest · obligation to deduct tax at source · interest as income · character of income · interest definition · tax deduction on interest payments · income tax deduction at source

Sections most often in play

Section 1961Section 194ASection 2(28A)Section 201(1A)Section 132Section 195Section 201(1)Section 4

Issues it is cited on

section 40a(i)tds on commissionsection 192(1)section 4(1)section 194a(1)section 193section 4(2)section 191section 133a(2a)interest under section 201(1a)section 194jsection 2(28a)

Judgments citing Karnataka Power Transmission Corporation Ltd. v. DCIT

Kimberly Clark Lever P.Ltd., Pune vs. ACIT, Pune

In the result, the appeal of the assessee stands allowed

ITA 2481/PUN/2012[2008-09]Status: DisposedITAT Pune22 Feb 2021AY 2008-09

Bench: Shri Inturi Rama Rao, Am & Shri Partha Sarathi Chaudhury, Jm आयकर अपील सं. / Ita No.2481/Pun/2012 िनधा"रण वष" / Assessment Year : 2008-09 Kimberly Clark Lever P. Ltd., Gat No.934 To 937, Village Sanaswadi Off Nagar Road, Ta- Shirur, Pune-412208. .......अपीलाथ" / Appellant Pan : Aaack4647E बनाम / V/S. Acit, Circle-Xi(I), ……""यथ" / Respondent Pune. Assessee By : Shri Percy Pardiwalla Revenue By : Shri Sandeep Garg सुनवाई क" तारीख / Date Of Hearing : 08.02.2021 घोषणा क" तारीख / Date Of Pronouncement : 22.02.2021 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Final Assessment Order U/S 143(3) R.W.S. 144C Of The Income Tax Act, 1961 (‘The Act’ For Short) Of The Asstt. Commissioner Of Income Tax, Circle-11(1), Pune (‘The Assessing Officer’ For Short) Dated 29.10.2012 For The Assessment Year 2008-09. 2. The Appellant Raised The Following Grounds Of Appeal :- “The Appellant Objects To The Order Dated 29 October 2012 Passed Under Section 143(3) R.W.S. 144(C) Of The Income-Tax Act, 1961 (‘The Act’) By The Assistant Commissioner Of Income Tax, Circle 11(1), Pune [‘Acit’ Or ‘Ao’] Following The Directions Issued By The Dispute Resolution Panel (‘Drp’) In Respect Of The Aforesaid Assessment Year On The Following Among Other Grounds:

For Appellant: Shri Percy PardiwallaFor Respondent: Shri Sandeep Garg
Section 143(3)Section 194HSection 194JSection 40Section 9(1)(vii)

…आयकर अपीलीय अिधकरण “lh” "यायपीठ पुणे म" । IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, PUNE (Through Virtual Court) BEFORE SHRI INTURI RAMA RAO, AM AND SHRI PARTHA SARATHI CHAUDHURY, JM आयकर अपील सं. / ITA No.2481/PUN/2012 िनधा"रण वष" / Assessment Year : 2008-09 Kimberly Clark Lever P. Ltd., Gat No.934 to 937, Village Sanaswadi Off Nagar Road, Ta- Shirur, Pune-412208. .......अपीलाथ" / Appellant PAN : AAACK4647E बनाम / V/s. ACIT, Circle-XI(I), ……""यथ" / Respondent Pune. Assessee by : Shri Percy Pardiwalla Revenue by : Shri Sandeep Garg सुनवाई क" तारीख / Date of Hearing : 08.02.2021 घोषणा क" तारीख / Date of Pron…

DCIT- (Ltu)-1, Mumbai vs. Sonata Information Technologies Ltd., Mumbai

Accordingly, ground no. 4 raised by revenue is dismissed

ITA 3244/MUM/2018[2013-14]Status: DisposedITAT Mumbai08 Dec 2020AY 2013-14

Bench: Shri S. Rifaur Rahman, Am & Shri Ram Lal Negi, Jm आयकरअपीलसं./ I.T.A. No. 3244 & 3245/Mum/2018 (निर्धारणवर्ा / Assessment Year: 2013-14 & 2014-15)

For Appellant: Shri Anand Mohan, DRFor Respondent: Shri Vijay Mehta, AR
Section 10ASection 115JSection 143(1)Section 143(2)Section 143(3)Section 40

…on'ble Mumbai Tribunal. 21 I.T.A. No. 3244 & 3245/Mum/2018 M/s Sonata Information Technology Ltd. c) Dishnet Wireless Ltd. Vs. DCIT, [2015][60 taxmann.com 329], Hon'ble Chennai Tribunal. d) Karnataka Power Transmission Corporation Ltd Vs. Dy. CIT(TDS)[2016] 383 ITR 59, Hon'ble Karnataka High Court. e) IBM India P. Ltd Vs. ITO [2015] 128 DTR (Trib) 25, Hon'ble Bangalore Tribunal. f) Aditya Birla Nuvo Ltd. vrs. DCIT [2014] (ITA N. 8427/Mum/2010), Hon’ble Mumbai Tribunal g) Industrial Development Bank of India vrs. ITO (2007) (107 ITD 45). 16. Considered the rival submissions and material placed in record. We…

Interglobe Aviation Ltd., New Delhi vs. ACIT, New Delhi

Appeal is dismissed

ITA 4449/DEL/2013[2010-11]Status: DisposedITAT Delhi07 Jan 2020AY 2010-11

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

For Appellant: Shri Rohit Jain, AdvFor Respondent: Ms. Paramita M. Biswas, CIT DR
Section 194CSection 194JSection 196Section 201Section 201(1)Section 250

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “C”: NEW DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA No.4449/Del/2013 (Assessment Year: 2011-12) Inter Globe Aviation Ltd, Vs. ACIT, 124, Ground Floor, Central Circle-50(1), Wing, Thapar House, Janpath, New Delhi New Delhi PAN: AABCI2726B (Appellant) (Respondent) ITA No.223 & 5114/Del/2013 (Assessment Year: 2010-11 and 2011-12) ACIT, Vs. Inter Globe Aviation Ltd, Circle-50(1), 124, Ground Floor, New Delhi Central Wing, Thapar House, Janpath, New Delhi PAN: AABCI2726B (Appellant) (Respondent) Assessee by : Shri…

ACIT, New Delhi vs. M/S. Interglobe Aviation Ltd., New Delhi

Appeal is dismissed

ITA 223/DEL/2013[2010-11 (F.Y.- 2009-10)]Status: DisposedITAT Delhi07 Jan 2020

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

For Appellant: Shri Rohit Jain, AdvFor Respondent: Ms. Paramita M. Biswas, CIT DR
Section 194CSection 194JSection 196Section 201Section 201(1)Section 250

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “C”: NEW DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA No.4449/Del/2013 (Assessment Year: 2011-12) Inter Globe Aviation Ltd, Vs. ACIT, 124, Ground Floor, Central Circle-50(1), Wing, Thapar House, Janpath, New Delhi New Delhi PAN: AABCI2726B (Appellant) (Respondent) ITA No.223 & 5114/Del/2013 (Assessment Year: 2010-11 and 2011-12) ACIT, Vs. Inter Globe Aviation Ltd, Circle-50(1), 124, Ground Floor, New Delhi Central Wing, Thapar House, Janpath, New Delhi PAN: AABCI2726B (Appellant) (Respondent) Assessee by : Shri…

Interglobe Aviation Ltd., New Delhi vs. ACIT, New Delhi

Appeal is dismissed

ITA 5347/DEL/2012[2010-11 (F.Y. 2009-10)]Status: DisposedITAT Delhi07 Jan 2020

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

For Appellant: Shri Rohit Jain, AdvFor Respondent: Ms. Paramita M. Biswas, CIT DR
Section 194CSection 194JSection 196Section 201Section 201(1)Section 250

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “C”: NEW DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA No.4449/Del/2013 (Assessment Year: 2011-12) Inter Globe Aviation Ltd, Vs. ACIT, 124, Ground Floor, Central Circle-50(1), Wing, Thapar House, Janpath, New Delhi New Delhi PAN: AABCI2726B (Appellant) (Respondent) ITA No.223 & 5114/Del/2013 (Assessment Year: 2010-11 and 2011-12) ACIT, Vs. Inter Globe Aviation Ltd, Circle-50(1), 124, Ground Floor, New Delhi Central Wing, Thapar House, Janpath, New Delhi PAN: AABCI2726B (Appellant) (Respondent) Assessee by : Shri…

S N Builders & Developers, Bangalore vs. The Assistant Commissioner of Income Tax Circle-4(3)(1), Bangalore

In the result, the appeal filed by the assessee- company is allowed

ITA 106/BANG/2019[2014-15]Status: DisposedITAT Bangalore27 Nov 2019AY 2014-15

Bench: Shri B.R. Baskaran & Shri Pavan Kumar Gadalem/S. S.N.Builders & Developers, No.4, 2Nd Floor, Elephant Rock Road, Above Kalayan Jewellers, Jayanagar 3Rd Block, Bengaluru-560 011. Pan: Abefs 8850 P … Appellant Vs. Asst. Commissioner Of Income-Tax, Circle 4(3)(1), Bengaluru. … Respondent Appellant By : Smt. Suman Lunkar, Ca. Respondent By : Shri Pradeep Kumar, Cit(Dr) Date Of Hearing: 07/11/2019 Date Of Pronouncement: 27/11/2019 O R D E R Per Pavan Kumar Gadale, Jm : The Assessee Has Filed Appeal Against The Order Of The Cit(A), Bangalore-9, Bangalore, Passed U/S 143(3) & 250 Of The Income-Tax Act,1961 ['The Act' For Short].

For Appellant: Smt. Suman Lunkar, CAFor Respondent: Shri Pradeep Kumar, CIT(DR)
Section 143(2)Section 143(3)Section 234ASection 40Section 80Section 80I

…efault’ for not deducting tax at source and therefore, we allow the grounds of appeal filed by the assessee company in this regard.” Page 13 of 14 The Hon’ble High Court of Karnataka in the case of Karnataka Power Transmission Corporation Ltd. vs. DCIT (2016) 383 ITR 59(Karn) held that for the purpose of deducting tax at source, the income which finally par takes character of income alone is allowable for deduction of income-tax. If the amount is not considered to be income in the hands of the deductee, the provisions of tax deduction at source would not be made applicable. The relevant paragraph of the judgment…

At & T Communication Services India Pvt. Ltd., Gurgaon vs. DCIT, New Delhi

In the result, appeal of the assessee is partly allowed

ITA 6322/DEL/2014[2009-10]Status: DisposedITAT Delhi14 Aug 2019AY 2009-10

Bench: Smt Beena A Pillai & Shri Prashant Maharishiat& T Communication Services Vs. Dcit, India Pvt Ltd, Circle-2(1), Vatika Triangle, 3Rd Floor, New Delhi Sushant Lok-1, Block-A, Gurgaon Pan: Aacca8033E (Appellant) (Respondent)

For Appellant: Shri K. M. Gupta, AdvFor Respondent: Shri Raman Chopra, CIT DR
Section 143Section 144CSection 153(1)Section 40

…the assessee during the course of hearing to buttress its argument that no withholding tax obligation arises on the provisions: b. DIT vs. Ericsson Communication Ltd (2015) 378 ITR 395 (Del.) c. Karnataka Power Transmission Corporation Pvt Ltd vs DCIT (2016) 383 ITR 59 (Kar.) d. Dishnet Wireless Ltd vs. DCIT ( Chennai Tribunal) 172 TTJ 394 1. Ld DR Could not point out any contrary decision . Therefore respectfully following the above decisions and in light of the factual matrix of the case we are of the considered view that since creation of the year end accruals does not result accrual of income to an identifie…

Shri Dilip Kumar Nayak, Bhubaneswar vs. JCIT, Range-2, Bhubaneswar

In the result, appeal of the assessee is partly allowed for

ITA 86/CTK/2017[2010-11]Status: DisposedITAT Cuttack05 Sept 2018AY 2010-11

Bench: S/Shri N.S Saini & Pavan Kumar Gadaleassessment Year : 2010-2011

For Appellant: Sri P.K.Mishra, ARFor Respondent: Shri A.K.Mohapatra, CIT DR

…ment cannot be deducted out of the bill amount for the purpose of TDS. The Assessing Officer's view is against the intent of the said circular. 15. This Court in Karnataka Power Transmission Corporation Ltd. v. Dy. CIT [2016] 67 taxmann.com 259/238 Taxman 287/383 ITR 59 (Kar) while considering the applicability of P a g e 22 | 25 ITA No. 86/CT K/ 2017 Asse ssment Year : 20 10- 201 1 Section 194A of the Act has observed that, Section 194A of the Act mandates the tax deductor to deduct 'income tax' on any income by way of interest other than income by way of interest on securities. The phrase 'any income' and 'in…

The Commissioner of Income Tax vs. M/S Mukand Ltd

The appeals stand dismissed

ITA/262/2013HC Karnataka12 Feb 2018

Bench: JOHN MICHAEL CUNHA,S.SUJATHA

Section 260A

…se of TDS. The Assessing Officer’s view is against the intent of the said circular. : 18 : 15. This Court in Karnataka Power Transmission Corporation Ltd., Vs. Deputy Commissioner of Income-tax (TDS) Circle 16(2), Bangalore reported in (2016) 383 ITR 59 (Kar) while considering the applicability of Section 194A of the Act has observed that, Section 194A of the Act mandates the tax deductor to deduct ‘income tax’ on any income by way of interest other than income by way of interest on securities. The phrase ‘any income’ and ‘income tax thereon’ if read harmoniously, it would indicate that the…

The Commissioner vs. M/S Mukand Ltd

The appeals stand dismissed

ITA/208/2014HC Karnataka12 Feb 2018

Bench: JOHN MICHAEL CUNHA,S.SUJATHA

Section 260A

…se of TDS. The Assessing Officer’s view is against the intent of the said circular. : 18 : 15. This Court in Karnataka Power Transmission Corporation Ltd., Vs. Deputy Commissioner of Income-tax (TDS) Circle 16(2), Bangalore reported in (2016) 383 ITR 59 (Kar) while considering the applicability of Section 194A of the Act has observed that, Section 194A of the Act mandates the tax deductor to deduct ‘income tax’ on any income by way of interest other than income by way of interest on securities. The phrase ‘any income’ and ‘income tax thereon’ if read harmoniously, it would indicate that the…

The Commissioner of Income Tax vs. M/S Kalyani Steels Ltd

The appeals stand dismissed

ITA/263/2013HC Karnataka12 Feb 2018

Bench: JOHN MICHAEL CUNHA,S.SUJATHA

Section 260A

…se of TDS. The Assessing Officer’s view is against the intent of the said circular. : 18 : 15. This Court in Karnataka Power Transmission Corporation Ltd., Vs. Deputy Commissioner of Income-tax (TDS) Circle 16(2), Bangalore reported in (2016) 383 ITR 59 (Kar) while considering the applicability of Section 194A of the Act has observed that, Section 194A of the Act mandates the tax deductor to deduct ‘income tax’ on any income by way of interest other than income by way of interest on securities. The phrase ‘any income’ and ‘income tax thereon’ if read harmoniously, it would indicate that the…

The Commissioner of Income Tax vs. M/S Kalyani Steels Ltd

The appeals stand dismissed

ITA/260/2013HC Karnataka12 Feb 2018

Bench: JOHN MICHAEL CUNHA,S.SUJATHA

Section 260A

…se of TDS. The Assessing Officer’s view is against the intent of the said circular. : 18 : 15. This Court in Karnataka Power Transmission Corporation Ltd., Vs. Deputy Commissioner of Income-tax (TDS) Circle 16(2), Bangalore reported in (2016) 383 ITR 59 (Kar) while considering the applicability of Section 194A of the Act has observed that, Section 194A of the Act mandates the tax deductor to deduct ‘income tax’ on any income by way of interest other than income by way of interest on securities. The phrase ‘any income’ and ‘income tax thereon’ if read harmoniously, it would indicate that the…

The Commissioner of Income Tax vs. M/S Kalyani Steels Ltd

The appeals stand dismissed

ITA/289/2014HC Karnataka12 Feb 2018

Bench: JOHN MICHAEL CUNHA,S.SUJATHA

Section 260A

…se of TDS. The Assessing Officer’s view is against the intent of the said circular. : 18 : 15. This Court in Karnataka Power Transmission Corporation Ltd., Vs. Deputy Commissioner of Income-tax (TDS) Circle 16(2), Bangalore reported in (2016) 383 ITR 59 (Kar) while considering the applicability of Section 194A of the Act has observed that, Section 194A of the Act mandates the tax deductor to deduct ‘income tax’ on any income by way of interest other than income by way of interest on securities. The phrase ‘any income’ and ‘income tax thereon’ if read harmoniously, it would indicate that the…

Biocon Research Limited, Bangalore vs. CIT(A) I, Bangalore

In the result, the appeal filed by the revenue is dismissed

ITA 1329/BANG/2016[2012-13]Status: DisposedITAT Bangalore18 Dec 2017AY 2012-13

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

For Appellant: Shri Padamchand Khincha, CAFor Respondent: Shri R.N.Parbat, CIT(DR)
Section 10ASection 143(3)Section 14ASection 194CSection 40

…ectivity India Pvt. Ltd. vs. ITO(LTU)(TDS) in ITA No.3/Bang/2015 dated 25/05/2016 (wherein both the Members are parties), after placing reliance on decision of the jurisdiction High Court decision in the case of Karnataka Power Corportion Ltd. vs. DCIT (2016) 383 ITR 599 and its ITA Nos.1229, 1329, 1250 & 1251/Bang/2016 Page 45 earlier decision in the case of M/s. Bosch Ltd. vs. ITO in ITA No.1583/Bang/2014 dated 01/03/2016 held as follows: “6. We heard the rival submissions and perused material on record. The issue in appeal relates to the liability of the assessee- company to deduct tax at source on provisions…

DCIT, Bangalore vs. M/S Biocon Research Ltd., Bangalore

In the result, the appeal filed by the revenue is dismissed

ITA 1251/BANG/2016[2012-13]Status: DisposedITAT Bangalore18 Dec 2017AY 2012-13

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

For Appellant: Shri Padamchand Khincha, CAFor Respondent: Shri R.N.Parbat, CIT(DR)
Section 10ASection 143(3)Section 14ASection 194CSection 40

…ectivity India Pvt. Ltd. vs. ITO(LTU)(TDS) in ITA No.3/Bang/2015 dated 25/05/2016 (wherein both the Members are parties), after placing reliance on decision of the jurisdiction High Court decision in the case of Karnataka Power Corportion Ltd. vs. DCIT (2016) 383 ITR 599 and its ITA Nos.1229, 1329, 1250 & 1251/Bang/2016 Page 45 earlier decision in the case of M/s. Bosch Ltd. vs. ITO in ITA No.1583/Bang/2014 dated 01/03/2016 held as follows: “6. We heard the rival submissions and perused material on record. The issue in appeal relates to the liability of the assessee- company to deduct tax at source on provisions…

DCIT, Bangalore vs. M/S Biocon Research Ltd., Bangalore

In the result, the appeal filed by the revenue is dismissed

ITA 1250/BANG/2016[2011-12]Status: DisposedITAT Bangalore18 Dec 2017AY 2011-12

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

For Appellant: Shri Padamchand Khincha, CAFor Respondent: Shri R.N.Parbat, CIT(DR)
Section 10ASection 143(3)Section 14ASection 194CSection 40

…ectivity India Pvt. Ltd. vs. ITO(LTU)(TDS) in ITA No.3/Bang/2015 dated 25/05/2016 (wherein both the Members are parties), after placing reliance on decision of the jurisdiction High Court decision in the case of Karnataka Power Corportion Ltd. vs. DCIT (2016) 383 ITR 599 and its ITA Nos.1229, 1329, 1250 & 1251/Bang/2016 Page 45 earlier decision in the case of M/s. Bosch Ltd. vs. ITO in ITA No.1583/Bang/2014 dated 01/03/2016 held as follows: “6. We heard the rival submissions and perused material on record. The issue in appeal relates to the liability of the assessee- company to deduct tax at source on provisions…

Biocon Research Limited, Bangalore vs. CIT(A) I, Bangalore

In the result, the appeal filed by the revenue is dismissed

ITA 1229/BANG/2016[2011-12]Status: DisposedITAT Bangalore18 Dec 2017AY 2011-12

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

For Appellant: Shri Padamchand Khincha, CAFor Respondent: Shri R.N.Parbat, CIT(DR)
Section 10ASection 143(3)Section 14ASection 194CSection 40

…ectivity India Pvt. Ltd. vs. ITO(LTU)(TDS) in ITA No.3/Bang/2015 dated 25/05/2016 (wherein both the Members are parties), after placing reliance on decision of the jurisdiction High Court decision in the case of Karnataka Power Corportion Ltd. vs. DCIT (2016) 383 ITR 599 and its ITA Nos.1229, 1329, 1250 & 1251/Bang/2016 Page 45 earlier decision in the case of M/s. Bosch Ltd. vs. ITO in ITA No.1583/Bang/2014 dated 01/03/2016 held as follows: “6. We heard the rival submissions and perused material on record. The issue in appeal relates to the liability of the assessee- company to deduct tax at source on provisions…

Infosys Ltd., Bangalore vs. Addl.C.I.T, Bangalore

In the result, Revenue’s appeal for A

ITA 102/BANG/2013[2005-06]Status: DisposedITAT Bangalore10 Nov 2017AY 2005-06

Bench: Shri Sunil Kumar Yadav & Shri Jason P Boaz

For Appellant: Shri H.N. Khincha, C.AFor Respondent: Shri R. N. Parbat, CIT-III (D.R)
Section 143(3)Section 195Section 40Section 92ASection 92C

…ion is not eligible for any depreciation as the amount was only a provision. In support of these grounds (supra), the learned Authorised Representative placed reliance on the decision of the Hon'ble High Court of Karnataka in the case of KPTCL Vs. DCIT (2016) 383 ITR 59 (Kar) and the decision of the co-ordinate bench of this Tribunal in the case of TE Connectivity India P. Ltd. Vs. ITO in ITA No.3/Bang/2015 dt.25.5.2016 and contended that provisions are not 17 IT(TP)A Nos.102 & 233/Bang/2013 Infosys Limited liable for TDS and therefore not liable for disallowance under Section 40(a)(ia) of the Act. 14.2 Per cont…

Toyota Kirloskar Motor P Ltd, Ramanagar vs. Income Tax Officer(TDS), Bangalore

In the result, the appeal filed by the assessee is dismissed

ITA 1185/BANG/2014[2012-13]Status: DisposedITAT Bangalore31 Oct 2017AY 2012-13
For Appellant: Shri Padam Chand Khincha, CAFor Respondent: Shri G.R. Reddy, CIT (DR-I)
Section 191Section 201Section 201(1)

…e submitted that the decision of the CIT(A) in this aspect is as per para nos. 6 to 8 of its order. He placed reliance on judgment of Hon'ble Karnataka High Court rendered in the case of Karnataka Power Transmission Corporation Limited Vs. DCIT as reported in 383 ITR 59 copy available on pages 182 to 191 of paper book. Thereafter he submitted that the relevant page is 185 of paper book where the facts are noted by Hon'ble Karnataka High Court. He pointed out that as per the facts noted in para no. 2 of the judgment, provisions were created by book entries towards contingent interest payable for assessment years 2…

At & T Global Network Services (I) Pvt Ltd, Gurgaon vs. ACIT, New Delhi

In the result appeal of the assessee in ITA No 1059/Del/2015 is partly allowed

ITA 1059/DEL/2015[2010-11]Status: DisposedITAT Delhi18 Sept 2017AY 2010-11

Bench: Shri I. C. Sudhir & Shri Prashant Maharishiat & T Global Network Services Dcit, (India) Pvt Ltd., Circle-2(1), Vs. Vatika Lok-1, Block-A, Gurgaon New Delhi Pan:Aafca8810L (Appellant) (Respondent) Dcit, At & T Global Network Services Circle-2(1), (India) Pvt Ltd., Vs. New Delhi Vatika Lok-1, Block-A, Gurgaon Pan:Aafca8810L (Appellant) (Respondent)

For Appellant: Shri Kanchan Kaushal, CAFor Respondent: Shri C N Swain CIT DR
Section 143(3)Section 144C(13)Section 144C(5)Section 32Section 35ASection 36Section 37(1)

…the assessee during the course of hearing to buttress its argument that no withholding tax obligation arises on the provisions: a. DIT vs. Ericsson Communication Ltd (2015) 378 ITR 395 (Del.) b. Karnataka Power Transmission Corporation Pvt Ltd vs DCIT (2016) 383 ITR 59 (Kar.) c. Dishnet Wireless Ltd vs. DCIT ( Chennai Tribunal) 172 TTJ 394 ld DR Could not point out any contrary decision . Therefore respectfully following the above decisions and in light of the factual matrix of the case we are of the considered view that since creation of the year end accruals does not result accrual of income to an identified…