Gujarat High Court
Commissioner Of Income Tax-Iv vs Gujarat State Road Transport ... on 18 December, 2014
Author: Ks Jhaveri
Bench: Ks Jhaveri, K.J.Thaker
O/TAXAP/407/2007 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX APPEAL NO. 407 of 2007
With
TAX APPEAL NO. 408 of 2007
TO
TAX APPEAL NO. 409 of 2007
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COMMISSIONER OF INCOME TAX-IV.....Appellant(s)
Versus
GUJARAT STATE ROAD TRANSPORT CORPORATION]....Opponent(s)
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Appearance:
MR KM PARIKH, ADVOCATE for the Appellant(s) No. 1
MR HM TALATI, ADVOCATE for the Opponent(s) No. 1
MR TEJ SHAH, ADVOCATE for the Opponent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE KS JHAVERI
and
HONOURABLE MR.JUSTICE K.J.THAKER
Date : 18/12/2014
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE KS JHAVERI)
1. By way of these appeals, the appellant- revenue has challenged the judgment and order dated 18.8.2006 passed by the Income-tax Appellate Tribunal, Ahmedabad Bench "A" in ITA No. 1164/Ahd/2006 for AY 2004-05, 1165/Ahd/2006 for AY 2005-06 and 1166/Ahd/2006 for AY 2005-06.
2. While admitting these appeals on 4.12.2007, this Court has framed the following substantial Page 1 of 3 O/TAXAP/407/2007 ORDER questions of law:
[A] Whether on the facts and in the circumstances of the case and in law, the Appellate Tribunal is correct in upholding the asessee's claim that it was not liable to deduct tax at source on interest received on delayed payment of compensation amount under Motor Accident Claim, in view of amended provisions of section 194A of the Act ?
3. Heard the learned advocates appearing for the parties and considered the submissions. Mr. Shah learned advocate states that the amount involved in the present case is small one and there is low revenue effect, and therefore, as per Circular No. 1979 dated 27.3.2000 and 2 of 2005 dated 24.10.2005 as well as in view of provisions of section 268 of the IT Act, the revenue ought not to have come in appeal, and therefore, these appeals are required to be dismissed. In that view of the matter, the questions are answered in favour of the assessee and against the revenue. These appeals are dismissed accordingly.
(K.S.JHAVERI, J.)
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O/TAXAP/407/2007 ORDER
(K.J.THAKER, J)
mandora
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