Deputy Commissioner of Income Tax Circle-1(1)(2), Bangalore M/s Bangalore Electricity Supply Company Limited , Bangalore

IN THE INCOME TAX APPELLATE TRIBUNAL
BANGALORE BENCHES “C”, BANGALORE

Before Shri George George K, JM & Shri B.R.Baskaran, AM

ITA No.261/Bang/2018 : Asst.Year 2010-2011
ITA No.262/Bang/2018 : Asst.Year 2011-2012

M/s.Bangalore Electricity
Company Limited, BESCOM,
Corporate Office, K.R.Circle
Bangalore – 560 001.
PAN : AACCB1412G.
(Appellant) 

vs.

The Dy.Commissioner of
Income-tax, Circle 1(1)(2)
Bangalore.
(Respondent)

ITA No.344/Bang/2018 : Asst.Year 2010-2011
ITA No.345/Bang/2018 : Asst.Year 2011-2012

The Dy.Commissioner of Incometax,
Circle 1(1)(2)
Bangalore.
(Appellant) 

vs.

M/s.Bangalore Electricity
Company Limited, BESCOM,
Corporate Office, K.R.Circle
Bangalore – 560 001.
(Respondent)

Revenue by : Sri.Pradeep Kumar, CIT-DR
Assessee by : Sri.Sridhar V., CA

Date of Hearing : 16.12.2020
Date of Pronouncement : 16.12.2020

O R D E R

Per George George K, JM

These cross appeals are directed against separate orders of the CIT(A), both dated 26.09.2017. The relevant assessment years are 2010-2011 and 2011-2012. We shall first adjudicate the assessee’s appeal.

ITA Nos.261 & 262/Bang/2018 : Assessee’s appeal :

2. The solitary issue raised in these appeals is whether the CIT(A) is justified in confirming the addition made by the Assessing Officer for provision for bad and doubtful debts while computing book profits u/s 115JB of the i.T.Act.

3. At the very outset, we noticed that the Hon’ble High Court in assessee’s own case for assessment year 2003-2004 has decided an identical issue in favour of the Revenue and the CIT(A) had followed the judgment of the Hon’ble High Court.Further, the assessee had filed declaration u/s 158A of theI.T.Act read with Rule 16 of the I.T.Rules, in Form No.8 for both the assessment years, claiming identical question of law is pending adjudication before the Hon’ble Apex Court u/s 261 of the I.T.Act for assessment year 2003-2004 in assessee’s own case.

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