M/s.Hibu India Private Limited, Bangalore V. Deputy Commissioner of Income-Tax, Bangalore

ITA 1308/BANG/2016

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 4852 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 9 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-04-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Next Hearing Date: 10-08-2017
• Assessment Year: 2010-2011
• Appeal Filed On: 08-07-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: B R RAMESH
• Assessee Lawyers: C RAMESH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, BANGALORE BENCH A BEFORE SHRI N.V VASUDEVAN, JUDICIAL MEMBER AND SHRI. JASON P BOAZ, ACCOUNTANT MEMBER ITA NO.753 & 130 8/BANG/2016 (ASST. YEAR 2009-10) M/S. HIBU INDIA PRIVATE LIMITED (FORMELY KNOWN AS YELL ADWORKS INDIA (P) LTD), KALYANAI MAGNUM, 7 TH FLOOR, NO. 123/1, DORAISANI PALYA, IIM POST, J.P.NAGAR, 7 TH PHASE, BENGALURU .APPELLANT VS. THE DEPUTY COMMISSIONER OF INCOME-TAX OFFICER, CIRCLE-12(5), BANGALORE. . RESPONDENT APPELLANT BY : SHRI C. RAMESH, CA RESPONDENT BY : SHRI B.R RAMESH, JCIT DATE OF HEARING : 11-04-2018 DATE OF PRONOUNCEMENT : 18-04-2018 O R D E R PER SHRI N.V VASUDEVAN, JUDICIAL MEMBER : THESE ARE APPEALS BY THE ASSESSEE AGAINST TH E ORDER DATED 15/2/2016 AND 16.5.2016 OF COMMISSIONER OF INCOME-TAX (APPEALS) 7 & 3, B ANGALORE, RESPECTIVELY, RELATING TO ASST. YEAR 2009-10 & 2010-11. 2. THESE APPEALS FILED BY SAME ASSESSEE FOR TWO DIFFERENT ASSESSMENT YEARS WERE HEARD TOGETHER. SINCE COMMON ISSUES ARE INVOLVED IN THESE APPEALS, WE DEEM IT CONVENIENT TO PASS A COMMON ORDER. ITA NOS. 753 & 1308/B/16 8 (II) PROFITS ATTRIBUTABLE TO DISALLOWANCE OF EXPENDITURE ARE ALSO ELIGIBLE FOR EXEMPTION U/S.1OA OF THE ACT. 16. THESE GROUNDS ARE IDENTICAL TO THE GROUNDS RAIS ED IN ITA NO.753/ BANG/2016 BY THE ASSESSEE FOR AY 2009-10. FOR THE REASONS ST ATED WHILE ADJUDICATING IDENTICAL GROUNDS OF APPEAL. WE ALLOW GROUND NO.3 TO 6 RAISED BY THE ASSESSEE AND DISMISS GROUND NO.2 RAISED BY THE ASSESSEE. THE APPEAL IS T HUS PARTLY ALLOWED 17. IN THE RESULT, BOTH THE APPEALS ARE PARTLY ALLO WED. ORDER PRONOUNCED IN THE OPEN COURT ON 18TH APRIL, 2018 . SD/- SD/- (JASON P BOAZ) (N.V VASUDEVAN) ACCOUNTANT MEMBER JUD ICIAL MEMBER BANGALORE DATED : 18 /4/2018 VMS COPY TO :1. THE ASSESSEE 2. THE REVENUE 3.THE CIT CONCERNED. 4.THE CIT(A) CONCERNED. 5.DR 6.GF BY ORDER SR. PRIVAT E SECRETARY, ITAT, BANGALORE