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1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER 2022 PRESENT THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV AND THE HON'BLE MR.JUSTICE N.S. SANJAY GOWDA INCOME TAX APPEAL NO.450/2018 C/W INCOME TAX APPEAL NO.448/2018 IN I.T.A. NO.450/2018 BETWEEN: 1. THE PR. COMMISSIONER OF INCOME-TAX, CIT(A)
5TH FLOOR, BMTC BUILDING,
80 FEET ROAD, KORAMANGALA
BENGALURU - 560 095. 2. THE DEPUTY COMMISSIONER OF INCOME-TAX,
CENTRAL CIRCLE-1(2),
PRESENT ADDRESS
CIRCLE-1(1)(2)
2ND FLOOR, BMTC BUILDING
80 FEET ROAD, KORMANGALA
BENGALURU - 560 095.
… APPELLANTS (BY SRI ARAVIND K.V., ADVOCATE) AND: M/S. BHARAT INFRA TECH (P) LTD., NO.186, 1ST CROSS, HOSUR ROAD WILSON GARDEN
2 BENGALURU - 560 027 PAN: AACCB 0960 F
… RESPONDENT (BY SRI A. SHANKAR, SENIOR COUNSEL FOR SRI LAVA M., ADVOCATE) ***** THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260A OF THE INCOME TAX ACT, 1961, PRAYING TO: (I) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW
STATED ABOVE; (II) ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED
BY THE INCOME-TAX APPELLATE TRIBUNAL, BENGALURU
IN C.O. NO.211/BANG/2015 IN (ITA 1442/B/14) DATED
19.01.2018 VIDE ANNEXURE-C AND CONFIRM THE ORDER
OF THE APPELLATE COMMISSIONER CONFIRMING THE
ORDER PASSED BY THE DEPUTY COMMISSIONER OF
INCOME TAX, CIRCLE-1(1)(2), BENGALURU; (III) TO PASS SUCH OTHER SUITABLE ORDERS AS THIS HON'BLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. IN I.T.A. NO.448 /2018 BETWEEN: 1. THE PR. COMMISSIONER OF INCOME-TAX, CIT(A)
5TH FLOOR, BMTC BUILDING,
80 FEET ROAD,
KORAMANGALA
BENGALURU - 560 095. 2. THE DEPUTY COMMISSIONER OF INCOME-TAX,
CENTRAL CIRCLE-1(2),
PRESENT ADDRESS
CIRCLE-1(1)(2)
2ND FLOOR, BMTC BUILDING
80 FEET ROAD,
KORMANGALA
BENGALURU - 560 095.
… APPELLANTS (BY SRI ARAVIND K.V., ADVOCATE) AND: M/S. BHARAT INFRA TECH (P) LTD., NO.186, 1ST CROSS, HOSUR ROAD WILSON GARDEN BENGALURU - 560 027 PAN: AACCB 0960 F
… RESPONDENT (BY SRI A. SHANKAR, SENIOR COUNSEL FOR SRI LAVA M., ADVOCATE) ***** THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260A OF THE INCOME TAX ACT, 1961, PRAYING TO: (I) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW
STATED ABOVE; (II) ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED
BY THE INCOME-TAX APPELLATE TRIBUNAL, BENGALURU
IN I.T.A. NO.1442/BANG/2014 DATED 19.01.2018 VIDE
ANNEXURE-C CONFIRMING THE ORDER OF THE
APPELLATE COMMISSIONER AND CONFIRM THE
ORDER PASSED BY THE DEPUTY COMMISSIONER OF
INCOME TAX, CIRCLE-1(1)(2), BENGALURU; (III) TO PASS SUCH OTHER SUITABLE ORDERS AS THIS HON'BLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THESE INCOME TAX APPEALS COMING ON FOR ORDERS THIS DAY, SANJAY GOWDA J., DELIVERED THE FOLLOWING:
4 JUDGMENT
These two appeals are filed by the Department challenging the dismissal of the appeal and also allowing of cross-objections which resulted in dismissal of the appeal for the assessment year 2007-08.
ITA 450/2018 is preferred challenging the order of the Tribunal by which the cross-objections of the assessee were upheld and as a consequence, the assessment order dated 31.12.2009 was held to be invalid in law.
It is not in dispute that as per the order of the Assessing Officer, the following six additions were made: i) Disallowance u/s 40A (3) - para 9 Rs.1,30,000 ii) Loss on sale of land-Mysore Branch - para 10 Rs.6,50,500 iii) Other income from M/s.Trinity Sun Rise - para 11 Rs.59,87,640 iv) Bad debts - para 12 Rs.2,42,94,958 v) Compensation paid - para 13 Rs.13,50,000 vi) Disallowance u/s 40A (3) in respect of Bastipura Property - para 14 Rs.3,41,000
Total Income Rs.5,20,37,160
Tax thereon Rs.1,56,11,148
Add: surcharge Rs.15,61,115
Add: Education Cess Rs.3,43,445
Rs.1,75,15,708
Add: Interest u/s 234A Rs.5,25,471
234B Rs.54,79,311
234C Rs.3,27,778
Rs.2,38,48,258
Less: 140A paid Rs.84,00,000
Total payable Rs.1,54,48,268
It was thus held that the assessee was liable to pay a sum of Rs.1,54,48,268/-. Being aggrieved by the said assessment order, the assessee preferred an appeal.
In the appeal, out of the six additions mentioned above, except the addition relating to Loss on sale of land-Mysore Branch amounting to Rs.6,50,500/-, the remaining five additions were held to be improper.
It is also pertinent to state here that these additions were in fact accepted to be incorrect by the remand report itself. In respect of fourth addition i.e., bad debt, the remand report partially accepted that additions to the extent of Rs.1,30,10,250/- is bad in law.
It is submitted that as per the remand report, additions to an extent of Rs.2,08,18,890/- stood reduced and taking into consideration the return of income already filed, the amount involved was a sum of Rs.1,19,35,208/- of which the tax liability would only be a sum of Rs.37,98,432/-.
In view of the fact that the tax liability by virtue of deletion of the additions under the remand order would be less than Rs.1,00,00,000/- appeal would not be maintainable as per Circular No.17/2019 and appeal would have to be therefore dismissed.
It is also pertinent to state here that assuming that this appeal of the department is to be allowed and the matter is remanded to the Tribunal, even then the subject matter of the appeal would Rs.50,00,000/- and that would also be lesser in Monetary limits than prescribed in Circular No.17/2019. In other words, no useful purpose would be served as the tax effect in this case would be below Rs.50,00,000/-.
It is to be stated here that if the additions disallowed by the Appellate Authority on the basis of the remand order is taken into consideration and the return of Rs.1,19,35,208/- is taken into consideration, the tax liability on the said sum would actually be less than Rs.50,00,000/- and the appeal before the Appellate Authority cannot be maintained.
In view of the above, we find that the appeals filed by the Department does not deserve acceptance. Accordingly, both the appeals are dismissed in accordance with Circular No.17/2019.
It is needless to state that dismissal of the appeals would not amount to affirmation or deciding any question of law involved in these proceedings. Sd/-
JUDGE
Sd/-
JUDGE Np/-