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Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE
Before: SHRI R.S. SYAL & SHRI VIKAS AWASTHY, JM
PER R.S.SYAL, VP :
These two appeals by the assessee relating to assessment years 2012- 13 and 2013-14 involve common issue. These are, therefore, clubbed for disposal by this consolidated order for the sake of convenience.
The only ground raised by the assessee in these appeals is against restricting the deduction u/s. 36(1)(viia) to the extent of provision in the books of account.
At the outset, Ld. AR submitted that similar issue has been decided against the assessee by the Tribunal in the preceding years. He submitted that the Hon’ble High Court has admitted the assessee’s ground against the Tribunal order on this issue. A prayer was, therefore, made to keep the issue alive and await the decision of the Hon’ble High Court on this issue.
ITA Nos.2616 & 2617/PUN/2016 Mahalaxmi Co-op. Bank Ltd.,
In view of the fact that similar issue has been decided earlier against
the assessee by the Tribunal, respectfully following the precedent, we uphold
the impugned orders in restricting the claim of deduction u/s.36(1)(viia) to the
extent of provision in the books of account.
Chapter XIV-A of the Income-tax Act deals with the provision for
avoiding repetitive appeals. It has only one section 158A which contains a
procedure when assessee claims that identical question of law is pending
before High Court or Supreme Court. In the instant case the assessee wants
to keep the matter alive till the decision of the Hon'ble High Court on the said
issue. We, therefore, admit, in terms of sec. 158A(3), that the question of law
arising in the instant appeal, is identical with the question of law stated to be
pending before the Hon'ble High Court. Resultantly the appeals of the
assessee are dismissed as per sec. 158A(4). It is, however, made clear that
when this issue is decided by the Hon'ble High Court, amendment, if
necessary, shall be made as per the mandate of sec. 158A(5).
In the result, the appeals are dismissed.
Order pronounced in the Open Court on 29th October, 2018.
Sd/- Sd/- (VIKAS AWASTHY) (R.S.SYAL) �याियक �याियक सद�य �याियक �याियक सद�य सद�य /JUDICIAL MEMBER उपा�य� सद�य उपा�य�/ VICE PRESIDENT उपा�य� उपा�य�
पुणे Pune; �दनांक Dated : 29th October, 2018 सतीश
ITA Nos.2616 & 2617/PUN/2016 Mahalaxmi Co-op. Bank Ltd.,
आदेश आदेश क� आदेश आदेश क� क� �ितिलिप क� �ितिलिप �ितिलिप अ�ेिषत �ितिलिप अ�ेिषत अ�ेिषत/Copy of the Order is forwarded to : अ�ेिषत
अपीलाथ� / The Appellant; 1. ��यथ� / The Respondent; 2. आयकर आयु�(अपील) / The CIT(A)-1, Kolhapur 3.
The CIT-I, Kolhapur िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, पुणे “बी 5. बी बी” / DR ‘B’, बी ITAT, Pune; गाड� फाईल / Guard file. 6.
आदेशानुसार आदेशानुसार आदेशानुसार/ BY ORDER, आदेशानुसार
/ True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune.**