M/s Festino Commerce Private Limited , Bangalore V. Assistant Commissioner of Income Tax Circle-3(1)(1), Bangalore

ITA 96/BANG/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 4797 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 1 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-02-2020
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 09-01-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: MANJEET SINGH
• Assessee Lawyers: S V RAVISHANKAR
• Keywords: Rule 8D

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI ARUN KUMAR GARODIA, AM AND SMT. BEENA PILLAI, JM ITA NO. 96/BANG/2018 ASSESSMENT YEAR : 2013 14 M/S FESTINO COMMERCE PVT. LTD. , FLAT NO. 1102, PRIDE REGALIA, 80/3, HULIMMAVU, BANNERGHATTA MAIN ROAD, BENGALURU - 560076 PAN: AAACF4358F VS. ACIT, CIRCLE 3 (1) (1), BANGALORE APPELLANT RESPONDENT ASSESSEE BY : S HREE S . V . RAVISHANKAR, ADVOCATE REVENUE BY : S HRI MANJEET SINGH , ADDL. CIT DR DATE OF HEARING : 16 . 1 2 .20 19 DATE OF PRONOUNCEMENT : 24 . 0 2 .20 20 O R D E R PER SHRI A.K. GARODIA, AM: THIS APPEAL IS FILED BY THE ASSESSE AND IT IS DIRECTED AGAINST THE ORDER OF CIT(A) 3 BENGALURU DATED 25.10.2017. 2. ALTHOUGH 5 GROUNDS ARE RAISED BY THE ASSESSEE BUT THE EFFECTIVE GRIEVANCE IS ONLY ONE ABOUT DISALLOWANCE OF RS. 779,988/- MADE BY THE AO U/S 14A. 3. IN COURSE OF HEARING, LEARNED AR OF THE ASSESSEE SUBMITTED THAT AS PER PARA 5 ON PAGE 3 OF THE ASSESSMENT ORDER, DISALLOWANCE OF RS. 702,518/- IS MADE BY THE AO OUT OF INTEREST EXPENDITURE UNDER RULE 8D (2) (II) AND RS. 77,470/- UNDER RULE 8D (2) (III) TOTAL RS. 779,988/-. HE SUBMITTED A COPY OF THE BALANCE SHEET OF THE ASSESSEE COMPANY AND POINTED OUT THAT THE ASSESSEE IS HAVING PAID UP SHARE CAPITAL OF RS. 205.70 LACS AT THE BEGINNING AND ALSO AT THE END OF THE PRESENT YEAR AND IN ADDITION TO THAT, THE ASSESSEE IS HAVING RESERVE & SURPLUS OF RS. 818.22 LACS AT THE BEGINNING AND RS. 875.03 LACS AT THE END OF THE PRESENT ITA NO.96/(B)/2018 PAGE 2 OF 3 YEAR. HE ALSO POINTED OUT THAT AS PER THE SAME PARA OF THE ASSESSMENT ORDER, INVESTMENT IS OF ONLY RS. 173.44 LACS AT THE BEGINNING OF THE YEAR AND RS. 136.44 LACS AT THE END OF THE PRESENT YEAR. HE PLACED RELIANCE OF THE JUDGMENT OF HONBLE KARNATAKA HIGH COURT RENDERED IN THE CASE OF CIT VS. MICROLABS LTD., 383 ITR 490 AND SUBMITTED THAT AS PER THIS JUDGMENT, IN THE FACTS OF THE PRESENT CASE, NO DISALLOWANCE IS CALLED FOR OUT OF INTEREST EXPENDITURE UNDER RULE 8D (2) (II). REGARDING BALANCE DISALLOWANCE OF RS. 77,470/- UNDER RULE 8D (2) (III), HE SUBMITTED THAT THIS SHOULD ALSO BE DELETED. LEARNED DR OF THE REVENUE SUPPORTED THE ORDER OF CIT (A). 4 . WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. WE FIND FORCE IN THE SUBMISSIONS OF THE LEARNED AR OF THE ASSESSEE AND ACCORDINGLY, WE DELETE THE DISALLOWANCE MADE BY THE AO UNDER RULE 8D (2) (II) AND FOR DISALLOWANCE UNDER RULE 8D (2) (III), WE DECLINE TO INTERFERE IN THE ORDER OF CIT (A). THE ASSESSEE GETS PART RELIEF TO THE EXTENT OF RS. 702,518/- BEING DISALLOWANCE MADE BY THE AO OUT OF INTEREST EXPENDITURE UNDER RULE 8D (2) (II). 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS PARTLY ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. SD/- SD/- (BEENA PILLAI) (ARUN KUMAR GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE, DATED, THE 24 TH FEBRUARY, 2020. /NS/ ITA NO.96/(B)/2018 PAGE 3 OF 3 COPY TO: 1. APPELLANT 4. CIT (A) 2. RESPONDENT 5. DR, ITAT, BANGALORE 3. CIT 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, BANGALORE.