2018 (2) TMI 1926

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....ocate For The Respondents : Mr. Jeevan J. Neeralgi, Advocate ORDER 1. The present writ petition has been filed by the assessee petitioner, Smt. Deeva Devi, W/o. D. Chandanmal, proprietrix of M/s Vaibhav Stores, Bangalore, aggrieved by the order passed by the Respondent - Principal Commissioner of Income Tax-5, Bangalore vide Annexure A dated 14/11/2017 under Section 264 of the Income Tax ....

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.... retrospective effect, have been admitted by Supreme Court of India in several cases. One of such case is in the case of CIT (1) VS. Ansal Landmark Township Pvt Ltd., (2016) 73 taxmann.com 63 (SC). Many of such appeals of the revenue have been tagged with Civil Appeal No.1248/2016 before the Honourable Supreme Court in the case of CIT Vs. M/s. Tide Water Marine INTL. Inc. Thus the law in this resp....

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....igh court of Karnataka in its decision in the case of CIT Vs. Shri Marikamba Transport co., (2015) 57 taxmann.com 273 (Karnataka) has held that in case of payment made to sub-contractors, non filing of Form No.15G is only a technical defect and provisions of section 40(a)(ia) are not attracted in such cases. The ratio laid down by this decision is squarely applicable to the facts of this case. Hen....

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....ove. 4. For the issues not decided by the learned Principal Commissioner, it is still open to the petitioner assessee to prefer a regular Appeal and the only objection regarding expiry of limitation as that the period has expired for preferring such regular appeal, which may be an issue. 5. In the circumstances of the case, the present writ petition is therefore disposed of, relegating the p....