Case Law Details
IBS Software Private Limited Vs Union of India (Kerala High Court)
The recent judgment by the Kerala High Court in the case of IBS Software Private Limited Vs Union of India addresses the controversy surrounding the applicability of a CBDT Circular concerning the deposition of assessed tax. The dispute arises from a notice issued by the Income Tax Department, directing the petitioner to deposit a substantial amount.
The petitioner, IBS Software Private Limited, filed an appeal before the Income Tax Appellate Tribunal (ITAT) against the assessment order. The contention primarily revolves around the interpretation of Circular No. 1914/1993 and subsequent amendments. The petitioner argues that by depositing 20% of the assessed tax, they are entitled to protection from further recovery until the appeal is decided.
However, the Income Tax Department contests this interpretation, asserting that the Circular applies only to appeals filed before the Commissioner of Income Tax (Appeals) and not before the ITAT. They argue that without an interim order from the ITAT, the remaining amount should be enforced.
The High Court carefully considered the submissions and focused on the intent of the Circular. It concludes that the Circular aims to provide relief to taxpayers during the pendency of appeals. Thus, regardless of the forum of appeal, if the assessed tax is partially deposited, protection from further recovery should be granted until the appeal is decided.
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Author Bio
The Income Tax should be amended in such a way that automatic stay should be granted for the demands against which appeals have been filed.