Deputy Commissioner of Income Tax Circle-7(1)(1), Bangalore V. M/s Tally Solutions Pvt Ltd , Bangalore

MA 125/BANG/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6497 (ITAT-BANGALORE)
• Duration Of Justice: 30 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 31-05-2018
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 01-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DR SANDEEP GOEL
• Assessee Lawyers: C RAMESH
• Keywords: Depreciation

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, B ENGALURU BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI LALIT KUMAR, JUDICIAL MEMBER MISC.PETN.NO.124 & 125 /BANG/2018 (IN I TA NO . 833 & 834 /BANG/201 7 ) (ASSESSMENT YEAR S : 2012 - 13 & 2013 - 14 ) DEP UTY COMMISSIONER OF INCOME - TAX CIRCLE 7(1)(1), BENGALURU. VS. PETITIONER M/S.T ALLY SOLUTIONS PVT. LTD. NO.331 - 336, RAHEJA ARCADE, 3 RD FLOOR, KORAMANGALA, BENGALURU 560095. RESPONDENT PETITIONER BY : DR.SANDEEP GOEL, SR. DR RESPO NDENT BY : SHRI C.RAMESH, CA. DATE OF HEARING : 25 /0 5 /2018 DATE OF PRONOUNCEMENT : 25 /05/2018 O R D E R PER I NTURI RAMA RAO, AM : THESE MISCELLANEOUS PETITIONS ARE FILED BY THE ASSESSEE - COMPANY SEEKING MODIFICATION OF THE TRIBUNAL ORDER IN ITA NOS.833 & 834/BANG/2017 DATED 31/10/2017 FOR THE ASSESSMENT YEARS 2012 - 13 AND 2013 - 14 ON THE GROUND THAT THE TRIBUNAL HAD FAILED TO ADJUDICATE THE FOLLOWING GROUND OF APPEAL RAISED BY THE REVENUE IN ITS APPEAL: WHETHER ON THE FACTS AND IN THE CIRCUMST ANCES OF THE CASE, THE CIT(A) WAS JUSTIFIED IN LAW IN HOLDING THAT THE PURCHASE OF THE IPR DOES NOT REQUIRE DEDUCTION OF TAX AT SOURCE AND THEREFORE, THE DISALLOWANCE OF DEPRECIATION NOT BEING AN EXPENDITURE CANNOT BE DISALLOWED U/S 40(A)(IA) OF THE ACT? MP NO S . 124 & 125 /BANG/20 18 PAGE 2 OF 2 2. WE HEARD RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. WE FIND THAT THE TRIBUNAL HAD FAILED TO ADJUDICATE THE ABOVE GROUND OF APPEAL. THEREFORE, WE RECALL THE TRIBUNAL ORDER DATED 31/10/2017 (SUPRA) FOR THE LIMITED PURPOSE OF ADJUDICATING GROUND NO.3. IT IS ORDERED ACCORDINGLY. 3. IN THE RESULT, THE MISCELLANEOUS PETITIONS FILED BY THE ASSESSEE ARE ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 25 TH MAY , 2018 S D/ - SD/ - ( LALI T KUMAR) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE : BENGALURU. D A T E D : 31 / 0 5 /201 8 SRINIVASULU, SPS COPY TO : 1 PETITIONER 2 RESPONDENT 3 CIT(A) 4 CIT 5 DR, ITAT, BANGALORE. 6 GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY INCOME - TAX APPELLATE TRIBUNAL BANGALORE