DCIT, Bangalore V. M/s Crossdomain Solutions Pvt. Ltd., Bangalore

ITA 1276/BANG/2015

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 7646 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 10 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-08-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 20-06-2017
• Assessment Year: 2007-2008
• Appeal Filed On: 13-10-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: G R REDDY CITI BENGALURU
• Keywords: Depreciation

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER ITA NO.1276/BANG/2015 ASSESSMENT YEAR : 2007-08 THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL 2(1)(1), BANGALORE. VS. M/S. CROSSDOMAIN SOLUTIONS PVT. LTD., CENEX, 94, 2 ND MAIN, INDUSTRIAL SUBURB II STAGE, YESHWANTHPUR, BANGALORE 560 022. PAN: AACCC1271G APPELLANT RESPONDENT APPELLANT BY : SHRI G.R. REDDY, CIT-I(DR)(ITAT), BENGALURU RESPONDENT BY : SHRI BHARATH L., CA DATE OF HEARING : 28.08.2017 DATE OF PRONOUNCEMENT : 31.08.2017 O R D E R PER SUNIL KUMAR YADAV, JUDICIAL MEMBER THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST THE ORDER OF CIT(APPEALS) ON A SOLITARY GROUND THAT CIT(APPEALS) HAS ERRED IN RELYING ON THE DECISION OF THE HON'BLE HIGH COURT OF KARNATAKA IN CIT V. YOKOGAWA INDIA LTD. [341 ITR 385] AND THE DECISION OF THE HON'BLE ITAT, BANGALORE 'B ' BENCH IN ITA NO.1074/BANG/2011 VIDE ORDER DATED 29.6.2012 FOR THE A.Y.2006-07 IN THE ASSESSEE'S OWN CASE, BY DIRECTIN G THE AO TO CALCULATE DEDUCTION U/S.10B OF THE ACT BEFORE SETTING OFF THE BROUGHT-FORWARD ITA NO.1276/BANG/2015 PAGE 2 OF 3 LOSSES/DEPRECIATION FOR THE ASSESSMENT YEARS IN QUE STION AS THE DEPARTMENT HAS FILED APPEAL U/S.260A BEFORE THE HON 'BLE HIGH COURT. 2. DURING THE COURSE OF HEARING, THE LD. COUNSEL F OR THE ASSESSEE HAS INVITED OUR ATTENTION TO THE FACT THAT NOW THE DECI SION OF THE HON'BLE JURISDICTIONAL HIGH COURT IN THE CASE OF CIT V. YOKOGAWA INDIA LTD. (SUPRA) HAS BEEN APPROVED BY THE HONBLE APEX COURT BY DISM ISSING THE SLP AND CONFIRMING THE VIEW TAKEN BY THE HON'BLE JURISDICTI ONAL HIGH COURT. COPY OF THE JUDGMENT OF THE HONBLE APEX COURT IS PLACED ON RECORD. COPY OF THE ORDER OF THE TRIBUNAL FOR THE AY 2006-07 IS ALSO PL ACED ON RECORD IN WHICH THE TRIBUNAL HAS DECIDED THE ISSUE FOLLOWING THE JU DGMENT OF THE HON'BLE JURISDICTIONAL HIGH COURT IN THE CASE OF CIT V. YOKOGAWA INDIA LTD. (SUPRA) . 3. THE LD. DR PLACED RELIANCE UPON THE ORDER OF T HE AO. HE HOWEVER SUBMITTED THAT THE DEFECT IN FORM 36 HAS BEEN RECTI FIED AND THIS APPEAL BE ADMITTED ONLY FOR AY 2007-08. 4. HAVING HEARD THE RIVAL SUBMISSIONS AND FROM A CA REFUL PERUSAL OF THE ORDERS OF LOWER AUTHORITIES, WE FIND THAT THE CIT(A PPEALS) HAS DECIDED THE ISSUE FOLLOWING THE ORDER OF TRIBUNAL IN ASSESSEES OWN CASE FOR THE AY 2006-07 AND THE JUDGMENT OF THE HON'BLE JURISDICTIO NAL HIGH COURT IN THE CASE OF CIT V. YOKOGAWA INDIA LTD. (SUPRA). NOW THE JUDGMENT OF THE HON'BLE JURISDICTIONAL HIGH COURT IN THE CASE OF CIT V. YOKOGAWA INDIA LTD. (SUPRA) HAS BEEN APPROVED BY THE HONBLE APEX COURT IN CIT V. YOKOGAWA ITA NO.1276/BANG/2015 PAGE 3 OF 3 INDIA LTD. [2017] 77 TAXMANN.COM 41 (SC) . SINCE THE CIT(APPEALS) HAS DECIDED THE ISSUE IN TERMS OF JUDGMENT OF THE HONB LE APEX COURT, WE FIND NO INFIRMITY THEREIN. ACCORDINGLY, WE CONFIRM THE ORDER OF CIT(APPEALS) AND DISMISS THE APPEAL OF THE REVENUE. PRONOUNCED IN THE OPEN COURT ON THIS 31 ST DAY OF AUGUST, 2017. SD/- SD/- ( J. SUDHAKAR REDDY ) ( SUNIL KUMAR YADAV ) ACCOUNTANT MEMBER JUDICIAL MEMBER BANGALORE, DATED, THE 31 ST AUGUST, 2017. / D ESAI S MURTHY / COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY ITAT, BANGALORE.