Ita/68/2021 Of The Principal Commissioner Of Income Tax-7 v. M/S Udupi Power Corporation Ltd

IN THE HIGH COURT OF KARNATAKA AT BENGALURUDATED THIS THE 13 DAY OF JUNE, 2022|PRESENT THE HON’'BLE MR. JUSTICE P.S.DINESH KUMAR AND THE HON’'BLE MR. JUSTICE ANANT RAMANATH HEGDEINCOME TAX APPEAL NO.68 OF J2O2 BETWEEN 1. THE PRINCIPAL COMMISSIONER OF INCOME TAX-/7, BMTC COMPLEX, KORAMANGALA, BANGALORE. 2. THE DEPUTY COMMISSIONER, INCOME TAX, CIRCLE-7(1)(1), }ERSTWHILE CIRCLE 12(5)], BMTC COMPLEX, KORAMANGALA, BANGALORE. . .APPELLANTS— (BY SHRI.E.I.SANMATHI, ADVOCATE) AND" M/S UDUPI POWER CORPORATION LTD.,NO.34, FIRST FLOOR, LOTUS TOWER, |DEVARAJA URS ROAD,RACE COURSE ROAD, |BANGALORE - 560 OO1, PAN: AAACN /96/ L. RESPONDENT| (BY SHRI.A SHANKAR, SR.ADVOCATE FORSRI M LAVA) THIS I.T.A IS FILED UNDER SECTION 260-A OF THE!INCOME-TAX ACT 1961, ARISING OUT OF ORDER DATED26/06/2019 PASSED IN ITA NO.1202/BANG/2017, FOR THEASSESSMENT YEAR 2O1L2-2013 PRAYING TO DECIDE THEFOREGOING QUESTION OF LAW AND / OR SUCH OTHER,QUESTIONS OF LAW AS MAY BE FORMULATED BY THIS COURT.AND SET ASIDE THE APPELLATE ORDER DATED:26/06/2019|PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, C BENCH,BENGALURU, TN|APPEAL|PROCEEDINGSIN|ITANO.1202/BANG/2017 (ANNEXURE-A) FOR THE ASSESSMENTYEAR 20127-2013 AS SOUGHT FOR IN THIS APPEAL. THIS APPEAL COMING ON FOR FURTHER ORDERS THISDAY,P.S, DINESH KUMAR J, DELIVERED THE FOLLOWING:- JUDGMENT At the outset, learned advocate for the appellants|submit that questions No.1 to 3 have been remitted forfresh consideration by the Assessing Officer. Out of themquestion No.3 is covered against the Revenue in ITANo.133/2015 decided on 15.02.2021. 2.With regard to question No.4, the AssessingOfficer has permitted deduction of Rs.50,000/- underSection 14(A) of the Income Tax Act, 1961. The saidsubmission is not disputed by the respondent. 3 4Since the impugned order is a remand orderand the finding with regard to question No.4 is restrictedto deduction of Rs.50,000/- as against Rs.11,/75,000/-, thisappeal is dismissed. No order as to costs. Sd/- | JUDGE. Sd/-'| JUDGE "#