SMT. SRIKANTADEVI BALDWA V. COMMISSIONER OF INCOME TAX AND ANR

ITTA/27/2009

AI Insights

The case involves an appeal by Smt. Srikantadevi Baldwa against the orders of the Income Tax Officer, Commissioner of Income Tax (Appeals), and the Income Tax Appellate Tribunal, which upheld the interest charged on delayed tax payment for the assessment year 1993-94. The primary legal question was whether the interest charged under Section 220(2) of the Income Tax Act, 1961 was barred by limitation. The appellant contended that the interest should not be charged as it was beyond the four-year period specified under Section 154 for rectification of mistakes. However, the respondents argued that Section 220(2) specifically allows for the charging of interest on delayed payments without a time limit, which was upheld by the Tribunal and the High Court.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 765664 (HC-TELANGANA)
• Appeal Type: Others
• Pronouncement Date: 23-12-2024
• Assessment Year: misc
• Other Referred Cases: Nawab Mir Barkat Ali Khan Bahadur v. Assistant Controller of Estate Duty, Commissioner of Income-Tax v. U.B. Electronic Instruments Limited, Commissioner of Income-Tax (TDS) v. Anagram Wellington Assets Management Company Limited, Executive Engineer, Bangalore Water Supply and Sewerage Board v. Income-Tax Officer (International Taxation), Clix Capital Services Private Limited v. Joint Commissioner of Income-Tax, Manik Chand Burman v. Income-Tax Officer, Bombay Gas Company Limited vs. Gopal Bhivaz, M/s.Hindustan Times Ltd. vs. Union of India and others, Dr.Reddys Laboratories Limited, Hyderabad v. The Deputy Commissioner of Income Tax I, International Taxation, Aayakar Bhavan, Basheerbagh, Hyderabad & another
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: J V PRASAD
• Assessee Lawyers: SIDDARTH TOSHNIVAL
• Keywords: Assessment year 1993-94; Income Tax; Interest on delayed payment; Limitation Period; Rectification of mistake
• Section: 143(3); 154; 260A; 220(2); 156

Judgement Text

"[ 3418 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE THE CHIEF JUSTICE ALOK ARADHE AND THE HONOURABLE SRI JUSTICE J SREENIVAS RAO INCOME TAX TRIBUNAL APPEAL NO: 27 OF 2009 Appeal filed under Section 2604 of the lncome Tax Act, 1961 against the order^dated 26.09.2008 passed in l.T.A No. 2tTtHydl1l for the Assessrient year 1993-94 on the file of the lncome Tax Appellate Tri6unal, Hyderabad Benches ,,A,,, 9$.9.-Iv_dgtq!1d prgler1g{ against the oider dated 13.12i0o7 passed in tTA.No. 404/lro-5(3)iclr(A)-vl2006-07 on the file of the conimissiondr of lncome Tax (A^ppe.als) \" ^V_{VgqtqO_ad preferred against the Order dated 15.09.2006 passed in PAN No. ACYPB 0286D/1993-94 on the fite of the tncome Tax Officer, Ward-5(3), Hyderabad. Between: Smt. Srikantadevi Baldwa, W/o Ramkrishna Baldwa, aged about 70 years, Occ: Business 5-8-352, Chirag Ali Lane, Abids, Hyderabad ...APPELLANT AND 1- Commissioner of lncome-Tax, Andhra pradesh-lV, Hyderabad. Aayakar ' Bhavan, Basheerbagh, Hyderabad. 2. lncome Tax Officer, Ward-S [3], Aayakar Bhavan, Basheerbagh, Hyderabad. ...RESPONDENTS Counsel for the Appellant: Mr.Siddarth Toshnival, Learned Counsel rep Mr. K.L.RATHI, Learned Counsel Counsel for the Respondents: Sri. J V PRASAD (Senior Standing Counsel For Income-Tax) The Court delivered the following: JUDGMENT THE HON'BLE THE CHIEF WSTICE ALOK ARADHE AND THE HON'BLE SRI JUSTICE J.SREENIVAS RAO I.T.T.A. No.27 of 2OO9 JUDGMENT : (Per the Hon'bte Sn Justice J.Sreeniuos Rao) Mr. Sid