United Telecoms Ltd, Bangalore V. DeputyCommissioner of Income tax, Bangalore

MA 68/BANG/2015

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 3145 (ITAT-BANGALORE)
• Duration Of Justice: 3 month(s) 6 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 24-07-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2010-2011
• Appeal Filed On: 17-04-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUN IL KUMAR AGARWALJ
• Assessee Lawyers: S GANESH
• Section: 14A; 115JB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : BANGALORE BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER A ND SHRI JASON P BOAZ, ACCOUNTANT MEMBER MISC. PETN.NO. 68 /BANG/2015 (IN ITA NO. 498 / BANG/20 14) (ASSESSMENT YEAR: 20 1 0 - 1 1 ) M/S.UNITED TELECOM L TD. 18A/19, DODDANEKUNDI INDUSTRIAL AREA, MAHADEVAPURA POST, WHITEFIELD, BANGALORE - 560048. PETITIONER PAN: AAACU2228H VS. DEPUTY COMMISSIONER OF INCOME - TAX, CIRCLE 12(5), BANGALORE. RESPONDENT PETITIONER BY: SHRI S.GANESH, A DVOCATE. RESPONDENT BY: SHRI SUNILKUMAR AGARWAL, JCIT(DR) DATE OF HEARING : 24/07/2015. DATE OF PRONOUNCEMENT: 24 /07/2015. O R D E R PER SMT. P. MADHAVI DEVI, JM: THIS APPLICATION IS FILED BY THE ASSESSEE U/S 254(2) OF THE INCOME - TAX ACT, 1961 [ ACT ] SEEKING RECALL OF THE ORDER OF THE TRIBUNAL DATED 23/1/2015 IN ITA NO.498/BANG/2014. IT IS STATED IN THE APPLICATION THAT GROUND NO.2 OF THE AMENDED GROUNDS OF APPEAL FOR THE YEAR UNDER CONSIDERATION CHALLENGING THE DISALLOWANCE OF EXPENSES OF RS.45,64,800/ - MADE BY THE M P NO .68 /BANG/2015 M/S.UNITED TELECOMS LTD. PAGE 2 OF 3 ASSESSING OFFICER (AO) AS PER CLAUSE (III) TO RULE 8D READ WITH SEC.14A OF THE ACT TOWARD S ADMINISTRATIVE EXPENSES , HAS NOT BEEN DISPOSED OF BY THIS TRIBUNAL. 2. AT THE TIME OF HEARING, THE LEARNED COUNSEL FOR THE ASSESS EE HAS DRAWN OUR SPECIFIC ATTENTION TO THE GROUNDS OF APPEAL RAISED BY THE ASSESSEE WHEREIN THE ASSESSEE HAD RAISED TWO GROUNDS OF APPEAL (I) AGAINST THE DISALLOWANCE OF THE SUM OF RS.45,64,800/ - AS ADMINISTRATIVE EXPENSES AND (II) AGAINST ADDITION OF RS .45,64,800/ - TO THE BOOK PROFITS U/S 115JB OF THE ACT. IT IS SUBMITTED THAT THE TRIBUNAL HAS DISPOSED OF ONLY THE GROUND RELATING TO ADDITION TO BOOK PROFITS U/S 115JB WHILE THE GROUND AGAINST DISALLOWANCE OF ADMINISTRATIVE EXPENSES UNDER RULE 8D R.W.S 14 A HAS NOT BEEN DISPOSED OF. 3. ON GOING THROUGH THE ORDER OF THE TRIBUNAL, WE FIND THAT THE CONTENTIONS OF THE ASSESSEE ARE CORRECT. THIS TRIBUNAL HAS CONSIDERED THE ISSUE OF MAINTAINABILITY OF ADDITION TO BOOK PROFIT U/S 115JB BUT WITH REGARD TO DISALLOWANCE OF ADMINISTRATIVE EXPENSES U/S 14A R.W.S. RULE 8D OF IT RULES THE SAME HAS NOT BEEN DEALT WITH. IN VIEW OF THE SAME, WE DEEM IT FIT AND PROPER TO RECALL THE ORDER OF THE TRIBUNAL DATED 23/01/2015 ONLY INSOFAR AS GROUND NO.2 OF THE GROUNDS OF APPEAL IS CONCERNED AND OTHER GROUNDS OF APPEAL STAND DECIDED. IT IS ORDERED ACCORDINGLY. THE APPEAL MAY BE FIXED FOR HEARING IN DUE COURSE. M P NO .68 /BANG/2015 M/S.UNITED TELECOMS LTD. PAGE 3 OF 3 4. IN THE RESULT, THE MISC. PETN. IS ALLOWED. PRONOUNCED IN THE OPEN COURT ON 24 TH JULY, 2015. S D/ - S D/ - (JASON P BOAZ) (SMT. P.MADHAVI DEVI) ACCOUNTANT MEMBER JUDICIAL MEMBER EKSRINIVASULU COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSIS TANT REGISTRAR INCOME - TAX APPELLATE T RIBUNAL BANGALORE