DCIT, V. M/s Gokuldas Images Pvt. Ltd.,

ITA 693/BANG/2013

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 7282 (ITAT-BANGALORE)
• Duration Of Justice: 8 year(s) 6 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-11-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2008-2009
• Appeal Filed On: 09-05-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: ASHOK A KULKARNI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES “C” BENCH: BANGALORE BEFORE SHRI B.R. BASKARAN, ACCOUNTANT MEMBER AND SMT BEENA PILLAI, JUDICIAL MEMBER ITA. No. 693/Bang/2013 Assessment Year: 2008-09 The Deputy Commissioner of Income Tax, Circle – 11(3), Bangalore. vs. M/s. Gokaldas Images Pvt. Ltd., 7 & 12, Industrial Suburb, Tumkur Road, Yeshwanthpur, Bangalore – 560 022. PAN: AAACG6637Q (Appellant) (Respondent) & C.O. No. 97/Bang/2013 (in ITA No. 693/Bang/2013) Assessment Year : 2008-09 (By Assessee) Assessee by : Shri Ashok A Kulkarni, Advocate Revenue by : Shri Pradeep Kumar, CIT (DR) Date of Hearing : 29.11.2021 Date of Pronouncement : 30.11.2021 ORDER PER BENCH Present appeals were wrongly tagged along with ITA No. 667/Bang/2013 as all these appeals pertained to the same Assessment Year 2008-09. 2. Hon’ble High Court by order dated 02.11.2020 passed in ITA 77/2015 had remanded the issue to verify the commercial Page 2 of 2 ITA No. 693/Bang/2013 & C.O. No. 97/Bang/2013 expediency of payment amounting to Rs. 7 Crores advanced by assessee to M/s. Hinduja Investments Pvt. Ltd. which is a sister concern. This issue has been raised by assessee only in ITA No. 667/Bang/2013 being the appeal filed by assessee against order passed by Ld.CIT(A) dated 25.02.2013. 3. The other two appeals hereinabove being appeal filed by revenue and the Cross Objection filed by assessee in revenue’s appeal does not have any connection with the issue remanded by Hon’ble High Court for adjudication. In view of the above, present appeals are dismissed as infructuous as they do not arise out of the order passed by the Hon’ble High Court (supra). In the result, the appeal by revenue and the cross objection by assessee stands dismissed as infructuous. Order pronounced in open court on 30 th November, 2021. Sd/- Sd/- (B.R. BASKARAN) (BEENA PILLAI) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 30 th November, 2021. /MS/ 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