Principal Commissioner of Income Tax-4 v. INS Finance & Investment P. Ltd.

Delhi High Court · 17 Jan 2019 · 2019:DHC:350-DB
Sanjiv Khanna; Chander Shekhar
ITA 1114/2018
2019 DHC 350
tax other Procedural

AI Summary

The Delhi High Court admitted the Revenue's appeal under Section 260A of the Income-Tax Act, 1961 concerning the taxability of interest received on the refund of an auction deposit, issuing notice for detailed hearing.

Full Text
Translation output
ITANo.1114/2018 HIGH COURT OF DELHI
ITA 1114/2018
Reserved on: 09th October, 2018 Pronounced on: 17th January, 2019 PRINCIPAL COMMISSIONER OF INCOME TAX-4... Appellant
Through: Mr.Sanjay Kumar with Mr.Asheesh Jain, Advocates
VERSUS
INS FINANCE & INVESTMENT P. LTD ..... Respondent
Through:
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
HON'BLE MR. JUSTICE CHANDER SHEKHAR SANJIV KHANNA, J.
This appeal filed by the Revenue under Section 260A of the Income-
Tax Act, 1961 in the case of INS Finance & Investment P. Ltd., relates to the assessment year 2011-12 and arises out of the order of the Income-Tax
Appellate Tribunal dated 13th April, 2018.
JUDGMENT

2. The issue relates to taxation of Rs.3,19,07,676/- which was received by the respondent – assessee on cancellation of the auction and the sale certificate for land.

3. This land was purchased by the respondent-assessee in an auction held by Debt Recovery Tribunal which was subsequently made the subject matter of challenge before the High Court. Pursuant to the orders passed by the High Court, the entire sum deposited by the respondent was refunded along 2019:DHC:350-DB ITANo.1114/2018 with interest accrued thereon. Rs.3,19,07,676/- was paid by the bank as interest.

4. Having considered the grounds of appeal and the impugned order, we feel that the matter should be examined in depth and detail. Accordingly, we are inclined to issue notice in this appeal, returnable on 26th March, 2019. (SANJIV KHANNA) JUDGE (CHANDER SHEKHAR)