Date Of Order: 04.12.2013Commissioner Of Income Tax v. Power Grid Corp. Of India Ltd

HIGH COURT OF JAMMU AND KASHMIRAT JAMMU ITA No.24/2013 Date of order: 04.12.2013Commissioner of Income Tax v. Power Grid Corp. of India Ltd. Coram: Hon’ble Mr. Justice M. M. Kumar, Chief Justice Hon’ble Mr. Justice Hasnain Massodi, Judge M.M.Kumar 1. The revenue has filed the instant appeal under Section 260-A of the Income Tax Act, 1961 challenging order dated 12.12.2012 passed by the Income Tax Appellate Tribunal, Amritsar Bench (for brevity ‘the Tribunal’) in respect of assessment year 2011-12. The Tribunal has upheld the order of the Commissioner of Income Tax (Appeals), Jammu [CIT(A)] passed on 17.08.2012. The Commissioner (Appeal) has expressed that the principle amount of demand which represented TDS was deposited with State Bank of India on 27.02.2012. However, element of interest was not deposited which was also part of the demand raised. According to the CIT(A), the levy of interest is subject to final orders of the High Court of Kolkata as the matter is pending in that Court (WP No.5642(W) of 2002). It was on the basis of the interim orders passed by the High Court of Kolkata on 27.03.2002 and 24.05.2002 that principle amount of the demand was ordered to be deposited. The amount of Rs.38,65,210/- stand deposited on 27.02.2012 in the State Bank of India on account of income tax. A photocopy of the receipt is taken on record as mark ‘X’. 2. In view of the above, we do not find that any question of law much less a substantial question of law would arise for determination of this Court. The question concerning payment of arrears of interest may be taken up as and when the Kolkata High Court decides WP No.5642(W) of 2002. 3. As a sequel to the above discussion, the appeal fails and same is dismissed. However, the parties shall abide by the order passed by the CIT(A), Jammu. Jammu 04.12.2013 Vinod. (Hasnain Massodi) (M.M.Kumar) Judge Chief Justice