The Commissioner Of Income Tax vs M/S Kbd Sugars & Distilleries Ltd
2021 Latest Caselaw 6135 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 14TH DAY OF DECEMBER, 2021

                             PRESENT

           THE HON'BLE MRS. JUSTICE S.SUJATHA

                              AND

       THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

                     I.T.A.No.552/2016

BETWEEN:

1.     The Pr. Commissioner of Income-Tax, CIT(A)
       5th floor, BMTC Building,
       80 feet road, Kormangala,
       Bangalore-560095.

2.     The Asst. Commissioner of Income-Tax,
       Circle-11(5), Present address
       Circle-4(1)(1),
       2nd floor, BMTC Building,
       80 feet road, Kormangala,
       Bangalore-560095.                ... APPELLANTS

(By Sri K.V.Aravind, Adv.)

AND:

M/s. KBD Sugars & Distilleries Ltd.,
No.17, Sankey Road,
Bangalore-560020.                       ... RESPONDENT

(By Sri V.Chandrashekar, for
    Sri M.Lava, Adv.)

     This ITA is filed under Section 260-A of the Income Tax
Act praying to set aside the orders passed by the ITAT,
Bangalore, in ITA No.933/Bang/2013 dated 05.02.2016 and
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confirm the order of the Appellate Commissioner confirming
the order passed by the Assistant Commissioner of Income
Tax, Circle-4(1)(1), Bengaluru.

      This appeal coming on for Final Hearing, this day,
S.Sujatha J., delivered the following:

                         JUDGMENT

1. This appeal is admitted to consider the following

substantial question of law.

"Whether, on the facts and in the circumstances of the case, the Tribunal was justified in deleting the addition made under Section 14A r/w/s 8D(2)(ii) and

(iii) holding that there was no fresh investment and the assessing authority has not expressed or recorded any satisfaction by identifying the expenditure which has been incurred in contravention to the provisions in Section 14A and also contrary to the Board's Circular No.14 of the 2001 and 5 of 2001?"

2. The said substantial question of law having been

considered and answered in favour of the assessee and

against the revenue in the case of CIT VS M/S. QUEST

GLOBAL ENGINEERING SERVICE PVT. LTD., in ITA

No.133/2015 dated 15.02.2021, the said substantial

question of law is answered in favour of the assessee and

against the revenue.

Resultantly, the appeal stands dismissed.

Sd/-

JUDGE

Sd/-

JUDGE

KK