The Commissioner of Income-tax, Bangalore / The Dy. Commissioner of Income-tax Central Circle-2(1), Bangalore v. Deepak Cables (I) Ltd
[Citation -2020-LL-1013-43]

Citation 2020-LL-1013-43
Appellant Name The Commissioner of Income-tax, Bangalore / The Dy. Commissioner of Income-tax Central Circle-2(1), Bangalore
Respondent Name Deepak Cables (I) Ltd.
Court HIGH COURT OF KARNATAKA
Relevant Act Income-tax
Date of Order 13/10/2020
Assessment Year 2005-06
Judgment View Judgment
Keyword Tags withdrawal of claim • course of survey • revised return • new unit • income
Bot Summary: The appeal was admitted by a Bench of this Court vide order dated 08.11.2011 on the following substantial questions of law: 1. Whether the Appellate Authorities were correct in not taking into consideration the material detected in the course of survey dated 09-03-2004 3 that the Tumkur unit manufacturing electrical cables had commenced 20 years earlier and it was not a new unit as per section 80IA of the Act, which was confirmed by Mr. Subramanyam, Mr. Venkateshwara Rao in the statement recorded u/s. 131 of the Act and the withdrawal of claim u/s.80IA of the Act by the assessee and consequently recorded a perverse finding 2. Whether the assessee is entitled to claim deduction u/s.80IA of the Act, in respect of old unit situated at Tumkur, manufacturing electrical cables, which claim was not considered by taking into account the entire evidence recorded by the Assessing Officer 3. Whether the finding recorded that the revised return having been withdrawn the assessment order cannot be sustained is correct 3. In view of the aforesaid submission and for the reasons assigned in the order dated 03.06.2014 passed in ITA No.205/2008, the substantial questions of law framed in this appeal are answered in favour of the revenue. In the result, the order passed by the Income Tax Appellate Tribunal is hereby quashed and the order passed by the Assessing Authority is restored.


1 IN HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS 13TH DAY OF OCTOBER 2020 PRESENT HON BLE MR. JUSTICE ALOK ARADHE AND HON BLE MR. JUSTICE H.T.NARENDRA PRASAD I.T.A. NO.143 OF 2010 BETWEEN: 1. COMMISSIONER OF INCOME-TAX C.R. BUILDING, QUEENS ROAD BANGALORE. 2. DY. COMMISSIONER OF INCOME-TAX CENTRAL CIRCLE-2(1) C.R. BUILDING, QUEENS ROAD BANGALORE. ... APPELLANTS (BY SRI. K.V. ARAVIND, ADV.) AND: DEEPAK CABLES (I) LTD., NO.313, EMBASSY CENTRE 3RD FLOOR, CRESCENT ROAD BANGALORE. ... RESPONDENT (RESPONDENT SERVED) --- THIS I.T.A. IS FILED UNDER SECTION 260-A OF I.T.ACT, 1961, ARISING OUT OF ORDER DATED 27-11-2009 2 PASSED IN ITA NO.634/BANG/2008, FOR ASSESSMENT YEAR 2005-06, PRAYING TO: I. FORMULATE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN. II. ALLOW APPEAL AND SET ASIDE ORDERS PASSED BY ITAT, BANGALORE IN ITA NO.634/BANG/2008, DATED 27-11-2009, CONFIRMING ORDER OF APPELLATE COMMISSIONER AND CONFIRM ORDER PASSED BY DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1), BANGALORE. THIS I.T.A. COMING ON FOR FINAL HEARING, THIS DAY, ALOK ARADHE J., DELIVERED FOLLOWING: JUDGMENT Mr.K.V.Aravind, learned counsel for revenue. 2. This appeal under Section 260-A of Income Tax Act, 1961 (hereinafter referred to as Act , for short) has been preferred by revenue. subject matter of appeal pertains to Assessment Year 2005-06. appeal was admitted by Bench of this Court vide order dated 08.11.2011 on following substantial questions of law: 1. Whether Appellate Authorities were correct in not taking into consideration material detected in course of survey dated 09-03-2004 3 (during AY 2001-02) that Tumkur unit manufacturing electrical cables had commenced 20 years earlier and it was not new unit as per section 80IA of Act, which was confirmed by Mr. Subramanyam, Mr. Venkateshwara Rao in statement recorded u/s. 131 of Act and withdrawal of claim u/s.80IA of Act by assessee and consequently recorded perverse finding? 2. Whether assessee is entitled to claim deduction u/s.80IA of Act, in respect of old unit situated at Tumkur, manufacturing electrical cables, which claim was not considered by taking into account entire evidence recorded by Assessing Officer? 3. Whether finding recorded that revised return having been withdrawn assessment order cannot be sustained is correct? 3. When matter was taken up today, learned counsel for revenue submitted that aforesaid 4 substantial questions of law which are involved in this appeal have already been answered in favour of revenue by Bench of this Court by order dated 03.06.2014 passed in ITA No.205/2008. 4. In view of aforesaid submission and for reasons assigned in order dated 03.06.2014 passed in ITA No.205/2008, substantial questions of law framed in this appeal are answered in favour of revenue. 5. In result, order passed by Income Tax Appellate Tribunal is hereby quashed and order passed by Assessing Authority is restored. Accordingly, appeal is disposed of. Sd/- JUDGE Sd/- JUDGE RV Commissioner of Income-tax, Bangalore / Dy. Commissioner of Income-tax Central Circle-2(1), Bangalore v. Deepak Cables (I) Ltd
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