DEPUTY COMMISSIONER OF INCOME-TAX, BANGALORE vs. M/S. MYSORE MINERALS LTD, BANGALORE

Per Shri Jason P Boaz, A.M. : This appeal by Revenue is directed against the order of Commissioner of Income Tax (Appeals)-4, Bangalore dt.22.07.2016 for the Assessment Year 2011-12. 2. Briefly stated, the facts of the case relevant for disposal of this appeal are as under :-

2.2 Aggrieved by the order of assessment dt.14.3.2014 for Assessment Year 2011-12, the assessee preferred an appeal before the CIT (Appeals) -4, Bangalore. The learned CIT (Appeals) disposed of the appeal vide the impugned order allowed the assessee partial relief by deleting only the addition of Rs.3,47,05,368 made on account of suppressed sales to M/s. Kalyani Steels Limited.

3.1 Revenue, being aggrieved by the order of the learned CIT (Appeals) dt.22.6.2016 for Assessment Year 2011-12 in deleting the addition made on account of suppressed sales to M/s. Kalyani Steels Ltd. has filed this appeal raising the following grounds on this issue :-

3.2 The learned Departmental Representative for Revenue was heard in support of the grounds raised (supra).

3.3 Per contra, the learned Authorised Representative for the assessee submitted that there was no error in the impugned order of the learned CIT (Appeals) on this issue as he has rightly followed the decision of the co-ordinate bench of this Tribunal in the assessee's own case for Assessment Years 2008-09 and 2009-10 in & 1105/Bang/2012 and ITA Nos.808 and 1309/Bang/2012 dt.10.10.2014, which had in turn followed the decision of another co-ordinate bench in the assessee's own case for Assessment Year 2005-06 in ITA No.351/Bang/2011 dt.2.11.2012. It was further submitted that a co- ordinate bench of this Tribunal in the assessee's own case for Assessment Year 2010-11 in ITA No.1496/Bang/2014 dt.3.8.2015 had Assessing Officer on account of suppressed sales to M/s. Kalyani Steels Limited, following the aforesaid decision of the co-ordinate bench in assessee's own case for Assessment Year 2005-06 (supra).

3.4.1 We have heard the rival contentions, perused and carefully considered the material on record; including the judicial pronouncements (cited) on the issue before us; i.e. addition on account of suppressed sales to M/s. Kalyani Steels Limited. As brought to our notice, this issue has been considered and held in favour of the assessee and against revenue by the orders of various co-ordinate benches of this Tribunal in the assessee's own case for Assessment Year 2005-06 in dt.2.11.2012; for Assessment Years 2008-09 and 2009-10 in ITA Nos.683 & 1109/Bang/2011 and 808 & 1309/Bang/2012 dt.10.10.2014 and for Assessment Year 2010-11 in ITA No.1496/Bang/2014 dt.3.8.2015. In its order for Assessment Year 2010- 11 (supra), the co-ordinate bench at paras 8 & 9 of its order has held as under :

“8. At the time of hearing of the appeal, it was brought to our notice that this Tribunal on an identical issue in assessee's own case for the Assessment Year 2005-06 in by order dt.2.11.2012, held as follows :

3.4.2 We are of the view that the facts and circumstances of the case giving rise to the appeal on the above issue are identical to that of the earlier assessment years. Therefore respectfully following the decision of the co-ordinate bench in the assessee's own case for Assessment Year 2005-06 in dt.2.11.2012 and Assessment Year 2010-11 in ITA NO.1496/Bang/2014 dt.7.8.2015, we uphold the order of the learned CIT (Appeals) and consequently dismiss Revenue’s appeal.