DCIT-Circle-11(1), Bangalore V. M/s. Dastur Investments Pvt Ltd., Bangalore

MA 118/BANG/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 9283 (ITAT-BANGALORE)
• Duration Of Justice: 4 month(s) 27 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 10-01-2020
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2010-2011
• Appeal Filed On: 14-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NISHI PADMA JT C IT BENG ALURU
• Assessee Lawyers: PADMANABHA
• Section: 14A; 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI B R BASKARAN , ACCOUNTANT MEMBER MP NO.118/BANG/2019 [IN IT A NO. 1518/BANG/2016] ASSESSMENT YEAR: 2010 - 11 THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1(1)(1), BENGALURU. VS. M/S. DASTUR INVESTMENTS PVT. LTD., 7 TH FLOOR, RAHEJA TOWERS, 26/27, M.G. ROAD, BENGALURU 560 001. PAN: AAACD 5040J APPELLANT RESPONDENT APPELLANT BY : SMT. NISHI PADMA, JT.C IT(DR)(ITAT ), BENG ALURU. RESPONDENT BY : S HRI PADMANABHA, ADVOCATE DATE OF HEARING : 10 .01.2020 DATE OF PRONOUNCEMENT : 10 .01.2020 O R D E R PER N.V. VASUDEVAN, VICE PRESIDENT THIS IS A MISCELLANEOUS PETITION FILED BY THE RE VENUE U/S. 254(2) OF THE INCOME-TAX ACT, 1961 [THE ACT] POINTING OUT CER TAIN APPARENT ERRORS IN THE ORDER OF TRIBUNAL DATED 15.2.2019 PASSED IN ITA NO.1518/BANG/2016 FOR THE AY 2010-11. 2. THE ISSUE THAT WAS ADJUDICATED BY THE TRIBUNAL IN THE AFORESAID APPEAL WAS WITH REGARD TO DISALLOWANCE OF EXPENSES U/S. 14A OF THE INCOME-TAX ACT, 1961 [THE ACT]. THE TRIBUNAL ADJUD ICATED THE ISSUE IN PARA 8 OF ITS ORDER BY REMANDING THE ISSUE TO THE AO FOR FRESH CONSIDERATION. MP 118/BANG/2019 PAGE 2 OF 2 HOWEVER, IN THE 6 TH LINE AT PAGE 6 PARA 8 OF THE ORDER, IT IS MENTIONE D THAT THE ISSUE OF DISALLOWANCE U/S. 14A OF THE ACT REQUI RES TO BE EXAMINED AFRESH BY THE CIT(A). INSTEAD OF THE WORDS TH E CIT(A), THE WORDS THE AO IS SUBSTITUTED IN 6 TH LINE PARA 8 OF THE ORDER. 3. IN THE RESULT, THE MISCELLANEOUS PETITION IS ALL OWED. PRONOUNCED IN THE OPEN COURT ON THIS 10 TH DAY OF JANUARY, 2020. SD/- SD/- ( B R BASKARAN ) ( N V VASUDEVAN ) ACCOUNTANT MEMBER VICE PRESIDENT BANGALORE, DATED, THE 10 TH JANUARY, 2020. / DESAI S MURTHY / COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FIL E BY ORDER ASSISTANT REGISTRAR ITAT, BANGALORE.