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1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JUNE, 2022 PRESENT THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR AND THE HON’BLE MR. JUSTICE ANANT RAMANATH HEGDE INCOME TAX APPEAL NO.68 OF 2021 BETWEEN: 1. THE PRINCIPAL COMMISSIONER OF INCOME TAX-7,
BMTC COMPLEX,
KORAMANGALA, BANGALORE. 2. THE DEPUTY COMMISSIONER,
INCOME TAX, CIRCLE-7(1)(1),
[ERSTWHILE CIRCLE 12(5)],
BMTC COMPLEX,
KORAMANGALA, BANGALORE. …APPELLANTS (BY SHRI.E.I.SANMATHI, ADVOCATE) AND: M/S UDUPI POWER CORPORATION LTD., NO.34, FIRST FLOOR, LOTUS TOWER, DEVARAJA URS ROAD, RACE COURSE ROAD, BANGALORE - 560 001, PAN: AAACN 7967 L. …RESPONDENT (BY SHRI.A SHANKAR, SR.ADVOCATE FOR SRI M LAVA)
2 THIS I.T.A IS FILED UNDER SECTION 260-A OF THE INCOME-TAX ACT 1961, ARISING OUT OF ORDER DATED 26/06/2019 PASSED IN ITA NO.1202/BANG/2017, FOR THE ASSESSMENT YEAR 2012-2013 PRAYING TO DECIDE THE FOREGOING QUESTION OF LAW AND / OR SUCH OTHER QUESTIONS OF LAW AS MAY BE FORMULATED BY THIS COURT AND SET ASIDE THE APPELLATE ORDER DATED:26/06/2019 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, C BENCH, BENGALURU, IN APPEAL PROCEEDINGS IN ITA NO.1202/BANG/2017 (ANNEXURE-A) FOR THE ASSESSMENT YEAR 2012-2013 AS SOUGHT FOR IN THIS APPEAL. THIS APPEAL COMING ON FOR FURTHER ORDERS THIS DAY, P.S. DINESH KUMAR J, DELIVERED THE FOLLOWING:- JUDGMENT
At the outset, learned advocate for the appellants submit that questions No.1 to 3 have been remitted for fresh consideration by the Assessing Officer. Out of them question No.3 is covered against the Revenue in ITA No.133/2015 decided on 15.02.2021.
With regard to question No.4, the Assessing Officer has permitted deduction of Rs.50,000/- under Section 14(A) of the Income Tax Act, 1961. The said submission is not disputed by the respondent.
Since the impugned order is a remand order and the finding with regard to question No.4 is restricted to deduction of Rs.50,000/- as against Rs.11,75,000/-, this appeal is dismissed.
No order as to costs. Sd/- JUDGE Sd/- JUDGE HD