M/s E.City Developers Pvt. Ltd., Bangalore V. DCIT, Bangalore

CO 101/BANG/2012

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 0466 (ITAT-BANGALORE)
• Duration Of Justice: 6 year(s) 9 month(s) 1 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 13-09-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 12-12-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: C H SUNDAR RAO
• Assessee Lawyers: PRASHANTH G S
• Keywords: Tax effect; Condonation of delay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES A BENCH: BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER C.O. NO. 101 /BANG/201 2 (IN ITA NO.409/BANG/2012) (ASSESSMENT YEAR: 20 08 - 09 ) M/S. E - CITY DEVELOPERS PVT. LTD., NO.208, WESTMINISTER, 13, CUNNINGHAM ROAD, BANGALORE - 560 052 PAN AABCE 7340R VS. DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(3), BANGALORE. (APPELLANT) (RESPONDENT) APPELLANT / CROSS OBJECTOR BY: SHRI PRASHANTH G. S., C.A. REVENUE BY: SHRI C. H. SUNDAR RAO, CIT (D.R) DATE OF HEARING : 0 9. 0 9. 2019 DATE OF PRONOUNCEMENT : 13 .09 .2019 O R D E R PER SHRI VIKRAM SINGH YADAV, A M : TH IS IS A CROSS OBJECTION (C.O.) FILED BY THE ASSE SSEE AGAINST THE APPEAL BY THE R EVENUE IN ITA NO.409/BANG/2012 FOR THE ASST. YEAR 2008 - 09. 2 C.O. NO. 101/BANG/2012 2. AT THE OUTSET, THE LEARNED AUTHORISED REPRESENTATIVE SUBMITTE D THAT THE APPEAL FILED BY THE R EVENUE HAS SINCE BEEN DISMISSED BY THE TRIBUNAL ON ACCOUNT OF LOW TAX EFFECT IN VIEW OF THE CBDT CIRCULAR NO. 17/2019 DT. 8.8.2019 . IT WAS FURTHER SUBMITTED THAT THE GROUNDS TAKEN BY THE ASSESSEE IN ITS C.O. ARE IN SUPPORT OF THE ORDER PASSED BY THE LEARNED CIT (APPEALS). 3. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATERIAL AVAILABLE ON RECORD. AT THE OUTSET, IT IS NOTED THAT C.O. HAS BEEN FILED BY THE ASSESSEE WITH A DELAY OF 74 DAYS AND AN AFFIDAVIT HAS BEEN PLACED ON RECORD IN SUPPO RT OF THE CONDONATION OF DELAY AND AFTER GOING THROUGH THE SAME, WE FIND THE GROUND TO BE REASONABLE AND THE DELAY IS HEREBY CONDONED. 4. G IVEN THAT THE C.O. IS FILED BY THE ASSESSEE SUPPORTING THE ORDER OF THE LEARNED CIT (APPEALS) AND THE APPEAL OF THE R EVENUE ALREADY BEEN DISMISSED ON ACCOUNT OF LOW TAX EFFECT , T HE GROUNDS TAK EN BY THE ASSESSEE IN ITS C.O. BECOME INFRUCTUOUS AND HENCE DISMISSED. 3 C.O. NO. 101/BANG/2012 4. IN THE RESULT, THE C.O. FILED BY THE ASSESSEE IS DISMISSED . ORDER PRONOUNCED IN THE OPEN C OURT ON 1 3 T H SEPT., 2019. S D / - S D / - ( N.V. VASUDEVAN ) ( VIKR A M SINGH YADAV ) VICE PRESIDENT ACCOUNTANT MEMBER DATED: 1 3 .09. 2019. *REDDY GP COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. CIT (A) 4. PR. CIT 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME - TAX APPELLATE TRIBUNAL BANGALORE