DCIT vs. M/S GOKULDAS IMAGES PVT. LTD.,

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ITA 693/BANG/2013Status: DisposedITAT Bangalore30 November 2021AY 2008-092 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the present appeals were not connected to the issue remanded by the High Court. Therefore, they were dismissed as infructuous.

What were the facts?

The appeals were wrongly tagged with another case. The High Court had remanded an issue regarding a Rs. 7 Crores advance to a sister concern for verification of commercial expediency.

What were the issues?

Whether the present appeals are infructuous due to their disconnection from a High Court remanded issue.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, BANGALORE BENCHES “C” BENCH: BANGALORE

Before: SHRI B.R. BASKARAN & SMT BEENA PILLAI

For Appellant: Shri Ashok A Kulkarni, Advocate
For Respondent: Shri Pradeep Kumar, CIT (DR)
Hearing: 29.11.2021Pronounced: 30.11.2021

Heard together (2 matters)

ITA. No. 693/Bang/2013
C.O. No. 97/Bang/2013

Read from the judgment's own cause title. This page is filed under one of them.

& C.O. No. 97/Bang/2013 (in Assessment Year : 2008-09 (By Assessee) Assessee by : Shri Ashok A Kulkarni, Advocate Revenue by : Shri Pradeep Kumar, CIT (DR) Date of Hearing : 29.11.2021 Date of Pronouncement : 30.11.2021 ORDER PER BENCH Present appeals were wrongly tagged along with as all these appeals pertained to the same Assessment Year 2008-09. 2. Hon’ble High Court by order dated 02.11.2020 passed in ITA 77/2015 had remanded the issue to verify the commercial Page 2 of C.O. No. 97/Bang/2013 expediency of payment amounting to Rs. 7 Crores advanced by assessee to M/s. Hinduja Investments Pvt. Ltd. which is a sister concern. This issue has been raised by assessee only in being the appeal filed by assessee against order passed by Ld.CIT(A) dated 25.02.2013.

3.

The other two appeals hereinabove being appeal filed by revenue and the Cross Objection filed by assessee in revenue’s appeal does not have any connection with the issue remanded by Hon’ble High Court for adjudication. In view of the above, present appeals are dismissed as infructuous as they do not arise out of the order passed by the Hon’ble High Court (supra). In the result, the appeal by revenue and the cross objection by assessee stands dismissed as infructuous. Order pronounced in open court on 30th November, 2021.

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