Principal Commissioner Of Income Tax-I, New Central Revenuebuilding Statue Circle, Jaipur (Raj v. M/S K.s. Capital Services Private Limited, National Motorsbuilding M.i. Road, Near Government Hostel Jaipur. Pan
High Court
03 Jul 2024 In favour of: Assessee
Forum / Bench
High Court · jaipur
Parties
Principal Commissioner Of Income Tax-I, New Central Revenuebuilding Statue Circle, Jaipur (Raj v. M/S K.s. Capital Services Private Limited, National Motorsbuilding M.i. Road, Near Government Hostel Jaipur. Pan
Date of order
03 Jul 2024
Assessment year(s)
—
Outcome
Dismissed
Case summary
In Principal Commissioner Of Income Tax-I, New Central Revenuebuilding Statue Circle, Jaipur (Raj v. M/S K.s. Capital Services Private Limited, National Motorsbuilding M.i. Road, Near Government Hostel Jaipur. Pan, the High Court (2024) dismissed the appeal under Section 37 of the Income-tax Act. The decision went in favour of the assessee.
Decision: It is clarified that the appeal is dismissed on account of monetary limit and the substantial question of law is kept open.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
Sections referenced in this judgment
The order — as passed by the High Court
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Income Tax Appeal No. 63/2024
Principal Commissioner Of Income Tax-I, New Central RevenueBuilding Statue Circle, Jaipur (Raj.).
----Appellant
Versus
M/s K.S. Capital Services Private Limited, National MotorsBuilding M.I. Road, Near Government Hostel Jaipur. PAN/GIR No. .
----Respondent
For Appellant(s) : Mr. Anuroop Singhi, Adv. with Mr. N.S. Bhati, Adv. &Mr. Aditya Khandelwal, Adv.
For Respondent(s):
HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Judgment / Order
03/07/2024
1.This appeal is filed against order of the Income Tax AppellateTribunal, Jaipur dated 28.06.2023. The tax quantum involved inthe appeal is Rs.72,107/-.
2.The issue involved is with regard to claiming of deductionunder Section 37 of the Income Tax Act, 1961 of the interest paidon delayed payment of service tax. The appeal does not fall withinthe exception carved out in the circular issued by the CentralBoard of Direct Taxes dated 15.03.2024. There is no opinion of theBoard that it is necessary to contest the matter in the interest ofjustice or revenue. The circular dated 15.03.2024 is insupersession to all earlier circulars.
It is clarified that the appeal is dismissed on account of
monetary limit and the substantial question of law is kept open.
The appeal is dismissed.
(ASHUTOSH KUMAR),J
(AVNEESH JHINGAN),J
Mohita/Riya-57
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