This Appeal Has Already Been Considered By This Court And Answered In Favour Of The Assessee And Against The Revenue, In The Commissioner Of Income-Tax And Anot v. M/S.quest Global Engineering Services Pvt.ltd[2

Digitally signed byANUSHA VLocation: HIGHCOURT OFKARNATAKA - 1 - NC: 2023:KHC:39790-DBITA No. 226 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7 DAY OF NOVEMBER, 2023 PRESENT THE HON'BLE MR JUSTICE P.S.DINESH KUMAR AND THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA INCOME TAX APPEAL NO. 226 OF 2023 BETWEEN: 1. THE PR.COMMISSIONER OF INCOME TAX CENTRAL, 3 FLOOR, C.R.BUILDING CENTRAL, 3 FLOOR, C.R.BUILDING QUEEN’S ROAD BENGALURU-560 001 BENGALURU-560 001 2. THE DEPUTY COMMISSIONER OF INOCME TAX CENTRAL CIRCLE 2(2) 3 FLOOR, C.R.BUILDING QUEENS ROAD CENTRAL CIRCLE 2(2) 3 FLOOR, C.R.BUILDING QUEENS ROAD BENGALURU-560 001 …APPELLANTS (BY SHRI. M. DILIP, STANDING COUNSEL) AND: M/S. CENTURY REAL ESTATE HOLDING PVT. LTD., NO.10/1, GROUND FLOOR LAKSHMINARAYANA COMPLEX PALACE ROAD VASANTH NAGAR BENGALURU-560 052 PAN:AADCC 0651M …RESPONDENT (BY SHRI. M.V. SHESHACHALA, SENIOR ADVOCATE FOR SHRI. ARAVIND V CHAVAN, ADVOCATE) THIS ITA IS FILED UNDER SECTION 260-A OF THE INCOME TAX ACT, 1961, PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL, BENGALURU IN ITA NO.740/BANG/2022 DATED 30.11.2022 FOR ASSESSMENT YEAR 2013-2014 ANNEXURE-C CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2(2), BENGALURU. THIS ITA, COMING ON FOR ADMISSION, THIS DAY, P.S.DINESH KUMAR, J., DELIVERED THE FOLLOWING: JUDGMENT This appeal by the Revenue directed against order dated November 30, 2022 in ITA No.740/Bang/2022 passed by the ITAT[1], Bengaluru, for A.Y.2013-14 has been admitted to consider the following questions of law: “Whether on the facts and in the circumstances of the case, the Tribunal is right in law in holding that disallowance under section 14A needs to be restricted to the extent of exempt income ignoring that such a computation is not prescribed under Rules and ignoring CBDT circulars in this aspect?” 2. Heard Shri M.Dilip, learned standing counsel for the Revenue and Shri M.V.Seshachala, learned Senior Advocate for the assessee. 3. At the outset, Shri Seshachala submitted that the question of law, which arises for consideration in 1 Income Tax Appellate Tribunal this appeal has already been considered by this court and answered in favour of the assessee and against the Revenue, in The Commissioner of Income-Tax and Another Vs. M/s.Quest Global Engineering Services Pvt.Ltd[2]. 4. Shri Dilip does not dispute the above submission. 5. In view of the above, the following; ORDER (i)Appeal is dismissed; and (ii)Question of law is answered in favour of the assessee and against the Revenue. Revenue. No costs. Sd/- JUDGE Sd/- JUDGE AV List No.: 1 Sl No.: 19 2ITA No.133/2014 (DD 15.02.2021)