CYPRESS SEMICONDUCTOR TECHNOLOGY INDIA PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 2(1)(1), BANGALORE
In the result, the appeal filed by the assessee is partly allowed for statistical purposes
ITA 630/BANG/2021[2016-17]Status: DisposedITAT Bangalore27 Jul 2022AY 2016-17
Bench: Shri George George K, Jm & Ms.Padmavathy S, Am It(Tp)A No.630/Bang/2021 : Asst.Year 2016-2017 M/S.Cypress Semiconductor The Deputy Commissioner Of Technology India Private Limited Income-Tax, Circle 2(1)(1) V. Bangalore. No.65/2, Begmane Laurel, C Block, Bagmane Tech Park C.V.Raman Nagar Bangalore – 560 093. Pan : Aabcc2470Q. (Appellant) (Respondent) Appellant By : Sri.Sumit Khurana, Ca Respondent By : Dr.Manjunath Karkihalli, Cit-Dr Date Of Pronouncement : 27.07.2022 Date Of Hearing : 25.07.2022 O R D E R Per George George K, Jm : This Appeal At The Instance Of The Assessee Is Directed Against Final Assessment Order Dated 25.09.2021 Passed U/S 143(3) R.W.S. 144C(13) Of The I.T.Act. The Relevant Assessment Year Is 2016-2017. 2. The Assessee Has Raised Five Grounds Before The Tribunal. However, During The Course Of Hearing The Learned Ar Had Argued Only Two Grounds, Namely, Ground 2 & Ground 3. Ground 2 & 3 Argued By The Learned Ar Reads As Follows:-
For Appellant: Sri.Sumit Khurana, CAFor Respondent: Dr.Manjunath Karkihalli, CIT-DR
Section 140ASection 143(3)Section 37(1)Section 40
140A of the Act amounting to INR 5,14,63,960.”
The above grounds shall be adjudicated as under:
Education Cess (Ground 2, 2.1 & 2.2)
3. The learned AR submitted that cess is not levied on the profits and gains of business, and therefore, does not satisfy the second limb of section 40(a)(ii) of the I.T.Act