DCIT, Bangalore V. G-7 Synergon Pvt. Ltd., Bangalore

ITA 979/BANG/2015

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 8514 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 7 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-02-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 09-02-2017
• Assessment Year: 2009-2010
• Appeal Filed On: 18-06-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A R V SRINIVASAN
• Assessee Lawyers: H V GOWTHAMA
• Keywords: Deemed dividend
• Section: 143(3); 153A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SHRI VIJAY PAL RAO, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER ITA NO.979 & 980/BANG/2015 ASSESSMENT YEAR : 2009-10, 2010-11 DEPUTY COMMISSIONER OF INCOME- TAX, CENTRAL CIRCLE 2(2), BANGALORE. VS. M/S. G-7 SYNERGON PVT. LTD., NO. 86, GOKUL TOWER, M S RAMAIAH ROAD, GOKULA, BANGALORE-560024. PAN:AADCG2389J APPELLANT S RESPONDENT REVENUE BY : SHRI. A. R. V. SRINIVASAN, JCIT ASSESSEE BY : SHRI. H. V. GOWTHAMA, CA DATE OF HEARING : 09.02.2017 DATE OF PRONOUNCEMENT : 15.02.2017 O R D E R PER VIJAY PAL RAO, JM THESE TWO APPEALS BY THE REVENUE ARE DIRECTED AGAIN ST THE COMPOSITE ORDER DATED 12.01.2015 OF CIT(A) FOR THE ASSESSMENT YEARS 2009-10 AND 2010-11. THE ONLY COMMON ISSUE RAISED BY THE REVENUE IN THESE APPEALS IS REGARDING THE ADDITION MADE BY THE AO ON PROTECTIVE BASIS ON ACCOUNT OF DEEMED DIVIDEND UNDE R SECTION 2(22)(E) OF THE INCOME TAX ACT. ITA NO.979 & 980/BANG/2015 PAGE 2 OF 3 2. WE HAVE HEARD THE LEARNED AR AS WELL AS LEARNED DR AND CONSIDERED THE RELEVANT MATERIAL ON RECORD. THE AO WHILE COMPLETING THE ASSESSMENT UNDER SECTION 143(3) R.W.S. 153A HAS MADE PROTECTIVE ASSESSMENT IN THE HAND OF THE ASSESSEE FOR THESE TW O ASSESSMENT YEARS IN RESPECT OF DIVIDEND UNDER SECTION 2(22)(E) OF TH E ACT AS SUBSTANTIVE ASSESSMENT OF THE SAME INCOME WAS MADE IN THE HAND OF SHRI. M. N. JAHANATH. THE CIT(A) HAS DELETED THE A DDITION MADE BY THE AO ON THE GROUND THAT THE SUBSTANTIVE ASSESSMEN T HAS BEEN CONFIRMED IN THE HAND OF SHRI. M. N. JAHANATH FOR T HE ASSESSMENT YEAR 2008-09 TO 2011-12. THE COORDINATE BENCH OF THIS T RIBUNAL HAS CONFIRMED THE ADDITION MADE BY THE AO ON ACCOUNT OF DEEMED DIVIDEND UNDER SECTION 2(22)(E) IN THE HAND OF SHRI . M. N. JAHANATH FOR THE ASSESSMENT YEARS 2009-10 AND 2010-2011 VIDE ORD ER DATED 07.10.2016 IN ITA NOS. 1649 TO 1652/BANG/2014. IN VIEW OF THE FACTS AND CIRCUMSTANCES OF THE CASE, WHEN THIS TRIBUNAL H AS UPHELD THE ASSESSMENT OF DEEMED DIVIDEND IN THE HAND OF SHRI. M. N. JAHANATH, THE APPEALS FILED BY THE REVENUE BECOMES INFRUCTUOU S. ACCORDINGLY, WE DO NOT FIND ANY REASON TO INTERFERE IN THE ORDER OF THE CIT(A). 3. IN THE RESULT, THE APPEALS OF THE REVENUE ARE DI SMISSED. PRONOUNCED IN THE OPEN COURT ON THIS 15 TH DAY OF FEBRUARY, 2017. SD/- SD/- (S. JAYARAMAN) (VIJA Y PAL RAO) ACCOUNTANT MEMBER J UDICIAL MEMBER BANGALORE. DATED: 15 TH FEBRUARY, 2017. /NS/ ITA NO.979 & 980/BANG/2015 PAGE 3 OF 3 COPY TO: 1. APPELLANTS 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE.