Sri Syed Mustafa Kamal Pasha , Bangalore V. The Deputy Commissioner of Income Tax, Circle-6(2)(1), Bangalore

SA 166/BANG/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 5977 (ITAT-BANGALORE)
• Duration Of Justice: 11 month(s) 29 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 01-05-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 02-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PADMA MEENAKSHI
• Assessee Lawyers: P M PAI; S S NAYAK C AS
• Keywords: Depreciation; Application of stay
• Section: 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH B BEFORE S HRI N.V. VASUDEVAN , JUDICIAL MEMBER AND SHRI INTURI RAMA RAO , ACCOUNTANT MEMBER S.P. NO.166/BANG/2018 (IN I.T . A. NO. 129 /BANG/20 18 (ASSESSMENT YEAR : 20 12 - 13 ) SHRI S M KAMAL PASHA, N O.3, 4 TH MAIN, JAYAMAHAL EXTENSION, BANGALORE - 560 046 . . PETITIONER . VS. DY. COMMISSIONER OF INCOME TAX, CIRCLE 6(2)(1), BANGALORE. .. RESPONDENT. PETITIONER BY : S/ SHRI P.M. PAI & S. S. NAYAK, C.AS R E SPONDENT BY : SMT. PADMA MEENAKSHI, JCIT (D.R) DATE OF H EARING : 18.05.2018. DATE OF P RONOUNCEMENT : 18 .05 .201 8 . O R D E R PER SHRI INTURI RAMA RAO , A .M . : TH E PRESENT STAY PETITION IS FILED BY THE ASSESSEE SEEKING STAY OF DEMAND OF RS.93,04,148 FOR THE ASSESSMENT YEAR 2012 - 13. 2. IT IS SUBMITTED THAT THE DEMAND IN QUESTION HAS ARISEN ON ACCOUNT OF DISALLOWANCE OF DEPRECIATION ON WIND MILLS. FROM THE PERUSAL OF THE 2 S.P. NO. 166 /BANG/201 8 ORDERS OF THE LOWER AUTHORITIES , WE FIND THAT ORDER APPEALED AGAINST BEFORE THE CIT (APPEALS) IS THE ORDER PASSED BY THE ASSESSING OFFICER UNDER SECTION 154 OF T HE INCOME TAX ACT, 1961 (IN SHORT 'THE ACT') DT.12.7.2015 . FROM THE PERUSAL OF THE ORDER PASSED BY THE ASSESSING OFFICER UNDER SECTION 154, W E DO NOT FIND ANY MENTION ABOUT THE DISALLOWANCE OF DEPRECIATION ON WIND MILLS. THUS WE FEEL THAT THE ISSUE SOUGHT TO BE RAISED IN THE PRESENT APPEAL DOES NOT EMANATE FROM THE ORDER OF ASSESSING OFFICER AND THEREFORE IT CANNOT FORM PART OF THE SUBJECT MATTER OF THE APPEAL. THUS ACCORDING TO US, WHEN THE DEMAND SOUGHT TO BE STAYED DOES NOT EMANATE FROM THE SUBJECT MAT TER OF THE APPEAL, THE QUESTION OF STAY OF THE DEMAND BY THIS TRIBUNAL DOES NOT ARISE. 3. IN THE RESULT, THE STAY PETITION FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE 18TH DAY OF MAY, 201 8 . SD/ - (N.V. VASUDEVAN) JU DICIAL MEMBER SD/ - ( INTURI RAMA RAO ) ACCOUNTANT MEMBER BANGALORE, DT. 18 .05.2018. *REDDY GP 3 S.P. NO. 166 /BANG/201 8 COPY TO : 1 APPELLANT 4 CIT(A) 2 RESPONDENT 5 DR. ITAT, BANGALORE 3 CIT 6 GUARD FILE SENIOR PRIVATE SECRETARY INCOME TAX APPELLA TE TRIBUNAL BANGALORE.