ITO Ward-3(2)(2), Bangalore V. M/s. Sree Bhyraveshwara Credit Co-operative Society Ltd., Bangalore

ITA 2062/BANG/2016

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 8425 (ITAT-BANGALORE)
• Duration Of Justice: 3 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-03-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 13-03-2017
• Assessment Year: 2012-2013
• Appeal Filed On: 25-11-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Keywords: TDS
• Section: 32; 147; 131; 68; 246; 69; 145; 27; 148; 54; 37; 6; 56; 263; 63; 132; 12; 28; 144; 10; 90; 154; 2; 11; 15; 271(1)(b); 139; 92; 201; 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, SMC, BANGALORE BENCH C BEFORE SHRI AK GARODIA, ACCOUNTANT MEMBER & ITA NO.2062/BA NG/2016 (ASST. YEARS 2012-13) THE INCOME-TAX OFFICER, WARD-3(2)(2), BANGALORE. . APPELLANT VS. M/S SREE BHYRAVESHWARA CREDIT CO-OPERATIVE SOCIETY LTDS., #1, 8 TH MAIN, 22 ND CROSS, MRCR LAYOUT, VIJAYANAGAR, BANGALORE-560 040. . RESPONDENT APPELLANT BY : SHRI A.R.V SREENIVASAN, JCIT RESPONDENT BY : SHRI PRADIP KUMAR JAIN, C.A DATE OF HEARING : 13-3-2017 DATE OF PRONOUNCEMENT : 17-3-2017 O R D E R PER SHRI AK GARODIA, ACCOUNTANT MEMBER : THIS APPEAL IS FILED BY THE ASSESSEE WHICH IS DIREC TED AGAINST THE ORDER OF LEARNED COMMISSIONER OF INCOME-TAX (AP PEALS) 3, BANGALORE DATED 30/9/2016 FOR ASSESSMENT YEARS 201 2-13. ITA NO.2062/B/16 2 2. THE GROUNDS RAISED BY THE REVENUE ARE AS UNDER: 3. THE LD DR FOR THE REVENUE SUPPORTED THE ASSESSME NT ORDER. HE ALSO SUBMITTED THAT SLP FILED BEFORE THE HONBLE AP EX COURT IN THE CASE OF CIT VS. SRI BILURU GURUBASAVA PATTINA SAHAKARI S ANGHA NIYAMITHA HAS BEEN ADMITTED BY THE HONBLE APEX COURT AS PER THE JUDGMENT REPORTED IN 234 TAXMAN 772 (SC). HE SUBMITTED A CO PY OF THE JUDGMENT OF HONBLE APEX COURT. AT THIS JUNCTURE, A QUERY WA S RAISED AS TO WHETHER THE HONBLE APEX COURT HAS STAYED THE OPER ATION OF THIS JUDGMENT OF HONBLE HIGH COURT. HE FAIRLY CONCEDED THAT NO STAY WAS GRANTED BY HONBLE APEX COURT. 4. THE LD AR OF THE ASSESSEE SUPPORTED THE ORDER OF THE LD CIT(A) AS PER WHICH HE HAS FOLLOWED THE BINDING JUDGMENT O F HONBLE KARNATAKA HIGH COURT RENDERED IN THE CASE OF SRI BI LURU GURUBASAVA ITA NO.2062/B/16 3 PATTINA SAHAKARI SANGHA NIYAMITHA (SUPRA) AS REP ORTED IN 369 ITR 86 (KAR). 5. I HAVE CONSIDERED RIVAL SUBMISSIONS. I FIND THAT LD CIT(A) HAS FOLLOWED THE BINDING JUDGMENT OF HONBLE KARNATAKA HIGH COURT RENDERED IN THE CASE OF SRI BILURU GURUBASAVA PATTI NA SAHAKARI SANGHA NIYAMITHA (SUPRA). AS PER LD DR FOR THE REVENUE, SLP HAS BEEN GRANTED BY THE HONBLE APEX COURT VIDE JUDGMENT DA TED 6/1/2015 BUT THIS IS ALSO TRUE THAT STAY HAS NOT BEEN GRANTED BY HONBLE APEX COURT REGARDING OPERATION OF THIS JUDGMENT OF HONBLE KAR NATAKA HIGH COURT AND, THEREFORE, THIS JUDGMENT OF HONBLE KARNATAKA HIGH COURT STILL HOLDS THE FIELD AND SAME IS BINDING ON ME. THEREFO RE, I FIND NO REASON TO INTERFERE IN THE ORDER OF THE LD CIT(A). 6. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 17 TH MARCH, 2017. SD/- (AK GARODIA) ACCOUNTANT MEMBER VMS. BANGALORE DATED : 17/03/2017 ITA NO.2062/B/16 4 COPY TO : 1. THE ASSESSEE 2. THE REVENUE 3.THE CIT CONCERNED. 4.THE CIT(A) CONCERNED. 5.DR 6.GF BY ORDER ASST. REGISTRAR, IT AT, BANGALORE.