Itxa/1213/2016 Of Commissioner Of Income Tax-1 v. Idfc Investment Advisors Limited

Priya Soparkar 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1213 OF 2016 Commissioner of Income Tax-1 V/s. IDFC Investment Advisors Limited --- Mr.Suresh Kumar for the Appellant.Mr.Atul Jasani for the Respondent. --- … Appellant … Respondent CORAM : AKIL KURESHI AND M.S.SANKLECHA, JJ. DATE : JANUARY 03, 2019. P.C.:- 1.This Appeal under Section 260-A of the Income Tax Act,1961 (the Act), challenges the order dated 8[th] July, 2015 passed by the Income Tax Appellate Tribunal (the Tribunal). This Appealrelates to Assessment Year 2009-10. 2.The Revenue urges the following question of law for ourconsideration: “Whether, on the facts and in the circumstance of the case and in law the Hon'ble ITAT is correct indeleting the disallowance made u/s 40a(ia) of theAct for non deduction of TDS on so claimedreimbursement of expenses when in fact thepayments were routed through associate companywith the object of circumventing the provisionsrelating to tax deduction at source?” 3.The impugned order of the Tribunal dismissed the revenue's appeal from the issue raised herein by following the order of itsco-ordinate bench for the assessment year 2008-09 rendered on6[th] September, 2013 in respect of the same respondent-assessee. 4.Mr.Suresh Kumar, learned counsel appearing for the revenuevery fairly stated that being aggrieved by the order dated 6[th]September, 2013 passed by the Tribunal in respect of theassessment year 2008-09, the revenue had filed an appeal. Theabove appeal of the revenue being Income Tax Appeal No.968 of2014 in this court was dismissed on 25[th] October, 2016 as notgiving rise to any substantial question of law. 5.No distinguishing features have been shown to us in respectof the subject assessment year concerning the impugned order Priya Soparkar 354 itxa 1213-16-o-s dated 8[th] July, 2015 from the order dated 6[th] September, 2013passed by the Tribunal. Thus, we see no reason not to follow ourorder dated 25[th] October, 2016 in Income Tax Appeal No.968 of2014 dismissing the appeal filed by the Revenue for order of theTribunal dated 6[th] September, 2013 for the assessment year 2008-09 for the reasons indicated therein. 6.In the above view, the question as proposed does not giverise to any substantial question of law. Thus, not entertained. 7. Therefore, the appeal is dismissed. No order as to costs. (M.S.SANKLECHA,J.) (AKIL KURESHI,J.) ….