Deputy Commissioner of Income Tax Circle-7(2)(1), Bangalore V. M/s Bangalore Club , Bangalore

MA 62/BANG/2020

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 6127 (ITAT-BANGALORE)
• Duration Of Justice: 6 month(s) 10 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 28-09-2020
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2013-2014
• Appeal Filed On: 18-03-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R PREMI JT BENGALU RU
• Assessee Lawyers: G S PRASHANT
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI A K GARODIA , ACCOUNTANT MEMBER M.P. NO.62/BANG/2020 [IN IT A NO. 2963/BANG/2018] ASSESSMENT YEAR: 2013 - 14 THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 7(2)(1), BENGALURU. VS. M/S. BANGALORE CLUB, NO.10, FIELD MARSHAL, K M CARIAPPA ROAD, RICHMOND CIRCLE, BENGALURU 560 025. PAN: AAAAB 1046L APPL IC ANT RESPONDENT APPL IC ANT BY : SHRI R. PREMI, JT.CIT(DR)(ITAT), BENGALURU. RESPONDENT BY : SHRI G.S. PRASHANT, CA DATE OF HEARING : 11 .0 9 .2020 DATE OF PRONOUNCEMENT : 28 .0 9 .2020 O R D E R PER N.V. VASUDEVAN, VICE PRESIDENT THIS MISCELLANEOUS PETITION U/S. 254(2) OF THE IN COME-TAX ACT, 1961 [THE ACT] IS FILED BY THE REVENUE PRAYING FOR RECTI FICATION OF CERTAIN APPARENT ERRORS IN THE ORDER OF TRIBUNAL DATED 23.10.2019 IN ITA NO.2693/BANG/2018. 2. THE CONTENTS OF THE MISCELLANEOUS PETITIONS REA D AS FOLLOWS:- THE HON'BLE ITAT, C BENCH. BENGALURU. VIDE ITS O RDER IN ITA NO.2963/BANG/2018 DATED 23.10.2019 HAS REMANDED BACK THE DISPUTED ISSUE TO THE FILE OF AO FOR FRESH CONS IDERATION BY RELYING ON THE DECISION OF THE HONBLE ITAT, B BE NCH IN ITA NO.2937/BANG/2018 DATED 23.6.2019, WHEREAS IN THE S AID ORDER, M.P. NO.62/BANG/2020 PAGE 2 OF 3 THE HONBLE TRIBUNAL HAS REMANDED BACK THE MATTER T O THE FILE OF LD. CIT(A). 2. AS THE HON'BLE TRIBUNAL HAS RELIED UPON THE DEC ISION OF THE HON'BLE ITAT, 'B' BENCH IN ITA NO. 2937/BANG/2018 D ATED 23.6.2019 AND REMANDED BACK TO THE FILE OF AO WILL RESULT IN EXAMINING THE SAME ISSUE IN ASSESSMENT LEVEL AND AP PELLATE LEVEL WHICH IS CONTRADICTORY AS THE ISSUES INVOLVED IN BO TH THE APPEALS ARE SAME. 3. IT IS THEREFORE PRAYED THAT NECESSARY CLARIFICA TION MAY BE ISSUED WHETHER THE MATTER HAS BEEN REMANDED BACK TO THE ASSESSING OFFICER OR THE CIT(A). 3. THE LD. DR REITERATED THE STAND OF THE REVENUE A S CONTAINED IN THE MISCELLANEOUS PETITION. THE LD. COUNSEL FOR THE AS SESSEE SUBMITTED THAT THERE IS NO MISTAKE APPARENT ON THE FACE OF RECORD. 4. AFTER CONSIDERING THE RIVAL SUBMISSIONS, WE ARE OF THE VIEW THAT THERE IS AN APPARENT ERROR IN THE ORDER OF TRIBUNAL IN AS MUCH AS THE DIRECTIONS WITH REGARD TO REMANDING THE ISSUE TO THE ASSESSING OFFICER IS NOT IN CONSONANCE WITH THE EARLIER ORDER OF THE TRIBUNAL. IN THE EARLIER ORDER OF THE TRIBUNAL THAT WAS FOLLOWED, THE ISSUE OF ALLOWANCE OF EXPENSES AGAINST INTEREST INCOME WAS REMANDED TO THE CIT(A) AND NOT TO THE AO. IN THESE CIRCUMSTANCES, WE DIRECT THAT THE 3 RD LINE OF PARA 8 OF THE ORDER OF TRIBUNAL DATED 23.10.2019 SHOULD BE AMENDED BY SUBSTITUTING THE WORD CIT(APPEALS) IN PLACE OF THE WORD AO . WE HOLD AND ORDER ACCORDINGLY. 5. SIMILARLY IN THE 7 TH LINE OF PARA 8 OF THE ORDER OF TRIBUNAL, THE SENTENCE COMMENCING WITH THE WORDS WE ARE OF THE VIEW THAT THE GRIEVANCE OF THE REVENUE WOULD STAND ADDRESSED, IF THE DIRECTION BY THE CIT(A) TO THE AO TO CONSIDER THE ISSUE AFRESH, SHOU LD BE REGARDED AS DIRECTION BY THE TRIBUNAL. SHOULD BE SUBSTITUTED BY THE FOLLOWING SENTENCES VIZ., WE ARE OF THE VIEW THAT GRIEVANCE OF THE REVENUE WOULD STA ND M.P. NO.62/BANG/2020 PAGE 3 OF 3 ADDRESSED, IF THE CIT(APPEALS) IS DIRECTED TO CONSI DER THE ISSUE AFRESH. WE DIRECT ACCORDINGLY. 6. IN THE RESULT, THE MISCELLANEOUS PETITION IS ALL OWED TO THE EXTENT INDICATED ABOVE. PRONOUNCED IN THE OPEN COURT ON THIS 28 TH DAY OF SEPTEMBER, 2020. SD/- SD/- ( A K GARODIA ) ( N V VASUDEVAN ) ACCOUNTANT MEMBER VICE PRESIDENT BANGALORE, DATED, THE 28 TH SEPTEMBER, 2020. / DESAI S MURTHY / COPY TO: 1. APPLICANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. BY ORDER ASSISTANT REGISTRAR ITAT, BANGALORE.