Assistant Commissioner Of Income Tax, Circle - 4(1)(1), Bangalore V. M/s. Kontoor Brands India Private Limited, Bangalore

ITA 1431/BANG/2019

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 2195 (ITAT-BANGALORE)
• Duration Of Justice: 5 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-11-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 13-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: G GURUSAMY
• Assessee Lawyers: SHREYA L
• Section: 143(3); 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES C BENCH: BANGALORE BEFORE SHRI B.R. BASKARAN, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA. NO. 1431 /BANG/201 9 (ASSESSMENT YEAR: 20 11 - 12 ) ASST. COMMISSIONER OF INCOME TAX, CIRCLE 4(1)(1), BANGALORE. .APPELLANT VS. M/S. KONTOOR BRANDS INDIA PVT. LTD., (FORMERLY KNOWN AS VR BRANDS INDIA PVT. LTD.) BAGMANE LAUREL, BLOCK B, LEVEL 9, 8 TH FLOOR, BAGMA NE TECH PARK, C V RAMAN NAGAR, BANGALORE - 560 093 RESPONDENT. PAN AACCV 2727L ASSESSEE BY: S MT. SHREYA L, C.A. REVENUE BY: SHRI G. GURUSAMY, CIT (D.R) DATE OF HEARING : 20.11 .2019 DATE OF PRONOUNCEMENT : 27 .11 .2019 O R D E R PER SHRI PAVAN KUMAR GADALE, JM : THE REVENUE HAS FILED AN APPEAL AGAINST THE ORDER OF C OMMISSIONER OF INCOME TAX (APPEALS) - 7 , BANGALORE PASSED U/S 143(3) AND U/S 250 OF THE INCOME TAX ACT, 1961. 2 ITA NO.1431/BANG/2019 2. AT THE TIME OF HEARING, THE LEARNED AUTHORISED REPRESENTATIVE OF THE ASSESSEE FILED A LETTER AND SUBMITTED THAT FOR THE SAME ASSESSMENT YEAR, THE HON'BLE TRIBUNAL IN R EVENUES APPEAL ITA NO.42/BANG/2017 HEARD ON 14.06.2019 AND PAS SED THE ORDERS ON 28.6.2019. WHEREAS THE REVENUE HAS TO FILE REVISED FORM NO.36. ON PERUSAL OF LETTER FILED ON 13.6.2019, THE REVENUE IS REFILING THE APPEAL IN NEW NAME. THE LETTER DT.12.6.2019 I S READ AS UNDER : 3 ITA NO.1431/BANG/2019 3. WE, O N PERUSAL OF THE LE TTER AND THE SUBMISSIONS OF THE LEARNED AUTHORISED REPRESENTATIVE, FOUND THAT THE NEW FORM NO. 36 DT.12.6.2019 WAS FILED BY REVENUE IN THE NAME OF M/S. KONTOOR BRANDS INDIA PVT. LTD. (FORMERLY KNOWN AS VF BRANDS 4 ITA NO.1431/BANG/2019 INDIA PVT. LTD.). FURTHER THE CO - ORDINATE BE NCH OF THE TRIBUNAL IN ITA NO.42/BANG/2017 FOR THE ASST. YEAR 2011 - 12 HAS PRONOUNCED THE DECISION ON 2 8 .6.2019. WHEREAS AGAINST THE ORDER OF CIT (APPEALS) - 7, BANGALORE IN ITA NO.70/CIT(A) - 7/CO.C 2015 - 16 DT.7.10.2016 REVENUE HAS FILED THE APPEAL AND TRIBU NAL HAS DISMISSED BY ORDER DT. 28.06.2019. FURTHER FILING OF SECOND APPEAL BY REVENUE AGAINST THE SAME ORDER OF LEARNED CIT (APPE ALS) 7, BANGALORE FOR THE ASST. YEAR 2011 - 12 SHALL NOT HOLD GOOD AND IS INFRUCTUOUS. ACCORDINGLY WE DISMISS THE APPEAL OF THE REVENUE A S I N F R U C T U O U S . 4. IN THE RESULT, THE APPEAL OF R EVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 2 7 T H NOV., 2019. S D / - S D / - ( B.R. B ASKARAN ) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 2 7 .11. 2019. *REDDY GP 5 ITA NO.1431/BANG/2019 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