The Pr Commissioner Of Income Tax Cit(A) vs M/S Greenko Wind Projects Pvt Ltd on 10 October, 2022

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Karnataka High Court

The Pr Commissioner Of Income Tax Cit(A) vs M/S Greenko Wind Projects Pvt Ltd on 10 October, 2022

Bench: P.S.Dinesh Kumar

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 10TH DAY OF OCTOBER, 2022

                        PRESENT

       THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR

                          AND

        THE HON'BLE MR. JUSTICE C.M. POONACHA

                 ITA No.867 OF 2018
BETWEEN

1.    THE PR. COMMISSIONER OF INCOME TAX CIT(A)
      CENTRAL CIRCLE
      C R BUILDING
      QUEEN'S ROAD
      BANGALORE-560001

2.   THE ASST. COMMISSIONER OF INCOME TAX,
     CIRCLE-2(2)
     PRESENT ADDRESS
     ACIT, CENTRAL CIRCLE-2(2)
     C R BUILDING
     QUEENS ROAD
     BENGALURU-560001
                                         ...APPELLANTS
(BY SRI ARAVIND K V, ADVOCATE)

AND

M/S GREENKO WIND PROJECTS PVT LTD
SUIT NO.701 & 702
PRESTIGE MERIDIAN II
M G ROAD, BENGALURU-560001
PAN:AAECG 3498H
                                          ...RESPONDENT
(RESPONDENT SERVED )
                                 2




      THIS INCOME TAX APPEAL UNDER SEC.260-A OF INCOME
TAX ACT 1961, ARISING OUT OF ORDER DATED 29.06.2018
PASSED IN ITA NO. 15/BANG/2018, FOR THE ASSESSMENT
YEAR 2014-2015, PRAYING TO FORMULATE THE SUBSTANTIAL
QUESTIONS       OF   LAW      STATED    ABOVE      AND
ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY
THE INCOME-TAX APPELLATE TRIBUNAL, BENGALURU IN ITA
NO. 15/BANG/2018 DATED 29.06.2018 FOR ASSESSMENT YEAR
2014-2015 ANNEXURE-C CONFIRMING THE ORDER OF THE
APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED
BY THE ASST. COMMISSIONER OF INCOME TAX, CENTRAL
CIRCLE-2(2), BENGALURU AND ETC.

      THIS ITA COMING ON FOR FINAL HEARING, THIS DAY
P.S. DINESH KUMAR J., DELIVERED THE FOLLOWING:


                         JUDGMENT

This appeal by the Revenue directed against the order dated 29.06.2018 passed in ITA No.15/BANG/2018 for Assessment year 2014-15, has been admitted to consider the following substantial question of law:

"Whether on the facts and in the circumstances of the case and in law, the Tribunal is right in law in setting aside the disallowance made under Section 14A read with Rule 8D of IT Rules, 1962, to the tune of Rs.3,95,75,001/- eventhough the conditions for invoking the said provision are satisfied in the case of assessee."

2. The question involved in this appeal came up for consideration before this Court in ITA No.133/2015 and this Court has answered the question against the Revenue.

3. Though served, none appears for the Respondents.

4. To a pointed question by the Court, Sri Aravind, learned Standing Counsel for the Revenue does not dispute the position of law.

5. In view of the above, this appeal is dismissed. The substantial question of law is answered against the Revenue and in favour of the assessee.

Appeal is disposed of.

SD/-

JUDGE SD/-

JUDGE nd

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