Deputy Commissioner of Income Tax Circle-7(1)(2), Bangalore V. M/s Vidya Investments and Trading Company Pvt Ltd , Bangalore

MA 110/BANG/2019

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 3596 (ITAT-BANGALORE)
• Duration Of Justice: 2 month(s) 6 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-11-2019
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 30-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: B K MANJUNATH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : BANGALORE BEFORE SHRI ARUN KUMAR GARODIA, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER M.P. NO. 110/BANG/2019 (IN I T A NO. 1564 /BANG/201 7 ) ASSESSMENT YEAR : 20 12 - 13 THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 7 (1) (2), BANGALORE. VS. M/S. VIDYA INVESTMENT AND TRADING COMPANY PVT. LTD., NEXT TO WIPRO CAMPUS, SARJAPUR ROAD, DODDAKANNELLI, BANGALORE 35. PAN: AAACV2878G APPELLANT RESPONDENT ASSESSEE BY : SHRI B.K. MANJUNATH, CA REVENUE BY : SHRI VIJAY KUMAR, ADDL. CIT (DR) DATE OF HEARING : 01 . 1 1 .2019 DATE OF PRONOUNCEMENT : 06 . 1 1 .2019 O R D E R PER SHRI A.K. GARODIA, ACCOUNTANT MEMBER THIS M.P. IS FILED BY THE REVENUE AND IT IS CONTENDED IN THE M.P. THAT ALTHOUGH APPEAL FILED BY THE REVENUE HAS BEEN DISMISSED BY THE TRIBUNAL BUT THERE IS NO DISCUSSION OR SPECIFIC DECISION ABOUT GROUND NO. 2 RAISED BY THE REVENUE IN THIS APPEAL AND HENCE, THIS IS AN APPARENT MISTAKE WHICH SHOULD BE RECTIFIED. 2. IN COURSE OF HEARING OF THE M.P., IT WAS SUBMITTED BY LD. DR OF REVENUE THAT GROUND NO. 2 OF THE REVENUES APPEAL WAS NOT ADJUDICATED BY THE TRIBUNAL AS PER THE IMPUGNED TRIBUNAL ORDER ALTHOUGH AS PER THE RESULT, THE REVENUES APPEAL WAS DISMISSED. IN REPLY, IT WAS SUBMITTED BY LD. AR OF ASSESSEE THAT AS PER GROUND NO. 2 RAISED BY THE REVENUE ITSELF, IT IS CLEAR THAT THIS GROUND OF REVENUE IS LIABLE TO BE DISMISSED BECAUSE THIS IS THE ONLY CLAIM OF THE REVENUE THAT SLP IS PENDING BEFORE THE HONBLE APEX COURT. 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. FIRST OF ALL, WE REPRODUCE GROUND NO. 2 RAISED BY REVENUE IN THIS APPEAL. THIS GROUND IS AS UNDER. 2. 'WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE CIT(A) WAS JUSTIFIED IN LAW IN ALLOWING THE EXEMPTION CLAIMED U/S 10(2A) FOLLOWING THE JUDGEMENT IN ASSESSEE'S OWN CASE, WITHOUT M.P. NO. 110/BANG/2019 (IN ITA NO. 1564/BANG/2017) PAGE 2 OF 3 APPRECIATING THE FACT THAT THE DEPARTMENT HAS FILED FURTHER APPEAL IN THE CASE AND SLP IS PENDING BEFORE THE HONBLE APEX COURT'? 4. THIS IS TRUE THAT THERE IS NO SPECIFIC DECISION ABOUT THIS GROUND RAISED BY REVENUE IN THIS APPEAL ALTHOUGH AS PER PARA NO. 7 OF THE IMPUGNED TRIBUNAL ORDER, THE APPEAL FILED BY THE REVENUE WAS DISMISSED. HENCE IT IS APPARENT THAT THERE IS AN APPARENT MISTAKE IN THE IMPUGNED TRIBUNAL ORDER BECAUSE THERE IS NO SPECIFIC DISCUSSION OR DECISION ABOUT THIS GROUND NO. 2 OF THE REVENUES APPEAL. GROUND NO. 2 OF THE REVENUES APPEAL IS ALREADY REPRODUCED ABOVE. AS PER THIS GROUND ITSELF, IT IS SEEN THAT IT IS STATED BY THE REVENUE IN THE GROUND ITSELF THAT LD. CIT(A) HAS ALLOWED THE RELIEF BY GRANTING EXEMPTION CLAIMED U/S. 10(2A) FOLLOWING THE JUDGMENT IN ASSESSEES OWN CASE WITHOUT APPRECIATING THE FACT THAT THE DEPARTMENT HAS FILED FURTHER APPEAL IN THIS CASE AND SLP IS PENDING BEFORE THE HONBLE APEX COURT. HENCE IT IS SEEN THAT THIS IS NOT THE CASE OF THE REVENUE THAT THE JUDGMENT IN ASSESSEES OWN CASE FOLLOWED BY LD. CIT(A) IS STAYED BY THE HONBLE APEX COURT. HENCE TILL SUCH JUDGMENT IS NOT STAYED OR REVERSED, WE ARE DUTY BOUND TO FOLLOW THE JUDGMENT AND HENCE, WE HOLD THAT THERE IS NO MERIT IN THE GROUND NO. 2 OF THE REVENUES APPEAL AND THE SAME IS REJECTED AND THE ULTIMATE DECISION IN THE IMPUGNED TRIBUNAL ORDER REMAINS SAME. 5. IN THE RESULT, THE M.P. FILED BY THE REVENUE IS ALLOWED IN THE TERMS INDICATED ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. SD/- SD/- (PAVAN KUMAR GADALE) (ARUN KUMAR GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE, DATED, THE 06 TH NOVEMBER, 2019. /MS/ M.P. NO. 110/BANG/2019 (IN ITA NO. 1564/BANG/2017) 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.