IN THE HIGH COURT OF KARNATAKA, BANGALORE
DATED THIS THE 2ND DAY OF DECEMBER;4f2?j_'0S:3"',,A4
PRESENT
THE HON'BLE MR. JUSTICEVK.L.M}1li§§J'{}N.a'TH:~_
THE HON'BLE MR. JUSTICE.
ITA';\:L;(";;,;265'gA2O:(g;
BETWEEN L' ~
1 . The Commissione1f_o£_ In(iome¥T_ax;' *- ,
C.R. Building, ' l " 7
Queens Road,
Bangalore. 4.: '
2. The AssisfarltCommissiorier'oflncome Tax,
CiFC1€r.1?3'{.2}.*¥::;l._..
QR. Bufiaing,
Queens' Road;'Bangaloi'e.' '
* ' " Appellants:
(By Sri. K;V;'Araxr1nc1,"A;'2«v. & Sri. M.V. Sesha(:ha1a,AdV.)
' ]'S..7R'§lV'I';*1il"§1'al.}T}."}E:lI' Mills Pvt. Ltd.,
.P.'B.No-.. 1'Ov'4~'_£;-Rajaji Nagar,
' V (By V Parthasarathi, Adv.)
BangIore;n.f_
Respondent:
V’ , This Appeal is flied Under Section 260A of Income
uT§a§<"Aet, 1961 praying to allow the appeal and set aside
"the order passed by the ITAT Bangalore in ITA
No.95/Ban/2006, dated 04-08-2006 confirming the
order of the Appellate Commissioner and confirm the
order passed by the Asst. Commissioner of Ir1cor_:.1?e»s'l'ax
Circle-12{2), Bangalore.
This appeal coming on for heari_ng;v..vthis.,
ARAVIND KUMAR J, delivered.:the.followin’g–iy’
JUDGME1§’1j ”
This appeal by the order’
dated 4-8-2006 passed byl”‘ti1eflneomelllT’a;:»c*Appellate
Tribunal, Bangalore Blelncni’irfifralimras,{aan/2006.
2. At timeigofl off this appeal the
fo11ovving*– of law has been
formulated__l”1n
‘Whether .t_he Appellate Authorities are correct
holcling that the provisions for doubtful
. __ Alldefbtvs/adttances made by the assessee cannot
be. back to the book profits of the
~.eorjr.1pany as per explanation to Section HSJA
22 of the Act for the purpose of computing income
under Section I 15JA of the Act?
@/
3. We have heard Sri.K.V.Aravind, learned counsel
appearing for the appe11ant–reVenue and
Sri.S.Parthasarathi, learned counsel appearing”‘fo’1*.:g’the
respondent–assessee.
4. During the course of v.arguments_iitftgiasy./been
brought to the notice of A’:
I.T.A.No.75o/2008 with Vre.fer.encev. to e 1 1s’5JB,’V’
this Court has answered the'”que’stiosn._ of 1avV”i1*1″VfaVour of
the revenue and against -the the basis of the
amendment to by Finance
{No.2}Act; of one more clause {i} which
reads as ufolglowsti ._
{i} the amount or amounts set aside as
for diminution in the Value of any
V ifamount referred to in clauses (a] to (i) is
debited to the profit and loss account, as
it ‘ reduced by,” @/
5. In so far as this appeal is concerned the
provision referable to is ll5JA which is in para Inateria
with Section l15JB and similar’ amendment has-.ibeen
brought about to the enactment by insertion
(g) by Finance (No.2) Act, 2.009..’antilllaslit-livsiiclfp,thel
question of law is answered in
applicable to the presentliapjlpeal also.’ We”
answer the question: of 1aw”‘for;niilated liereinabove in
favour of the revenue and agai1’1st.;t’nfeassessee. Appeal
Sd/~
FUDGE
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