THE COMMISSIONER OF INCOME TAX vs. M/S.PRAGATHI GRAMINA BANK

ITA/100030/2014HC KarnatakaKAHC02009127201414 December 2015Bench: S.ABDUL NAZEER,P.S.DINESH KUMAR2 pages

AI SummaryDismissed

What did the High Court hold?

The High Court of Karnataka, Dharwad Bench, dismissed the appeal filed by the Revenue. The Court noted that the learned counsel appearing for both parties agreed that the point in issue in the present appeal was covered by the decision of the High Court in ITA No. 100014/14 C/w ITA No. 100013/14, which was disposed of on 14.12.2015. Following this precedent, the Court held that the present appeal should also be dismissed. The reasoning is based on the principle of judicial precedent, where a matter already decided by a higher court or a coordinate bench of the same court is applied to subsequent similar cases. No costs were awarded. The specific findings of the ITAT and the operative directions from that order are not detailed as they were not the subject of detailed analysis in this High Court judgment.

What were the facts?

The Commissioner of Income Tax and the Deputy Commissioner of Income Tax (Appellants) have filed an appeal under Section 260A of the Income Tax Act, 1961, challenging an order passed by the Income Tax Appellate Tribunal, Bangalore Bench-A, in ITA No. 229/Bang/2012 dated 10.01.2014. The appeal concerns M/s. Pragathi Gramina Bank (Respondent), which was amalgamated with Tungabhadra Grameena Bank. The High Court of Karnataka, Dharwad Bench, heard the appeal. The specific assessment year(s) and the amount in dispute are not explicitly stated in the provided text. The procedural history is limited to the filing of the present appeal against the Tribunal's order.

What were the issues?

1. Whether the order passed by the Income Tax Appellate Tribunal in ITA No. 229/Bang/2012 dated 10.01.2014 is sustainable in law, concerning the assessment year(s) and the specific issues decided by the Tribunal. (Question of law and mixed fact and law, turning on the interpretation and application of relevant provisions of the Income Tax Act, 1961). Assessee's Contentions: Not recorded in the provided text. Revenue's Contentions: The revenue, represented by the Commissioner and Deputy Commissioner of Income Tax, argued that the Tribunal's order was erroneous. However, the specific grounds of appeal and the arguments presented by the revenue are not detailed in the judgment excerpt. The revenue relied on the fact that the point in issue is covered by a previous decision of the High Court in ITA No. 100014/14 C/w ITA No. 100013/14, disposed of on 14.12.2015.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 14TH DAY OF DECEMBER, 2015 PRESENT THE HON’BLE MR.JUSTICE S. ABDUL NAZEER AND THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR ITA No.100030 OF 2014 BETWEEN: 1 THE COMMISSIONER OF INCOME TAX, SEDAM ROAD, GULBARGA. 2 THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-I, BELLARY. … APPELLANTS (BY SRI Y.V.RAVIRAJ, ADV.) AND M/S. PRAGATHI GRAMINA BANK, (AMALGAMATED BANK OF TUNGABHADRA GRAMEENA BANK) HEAD OFFICE, SANGANAKAL ROAD, GANDHINAGAR, BELLARY. … RESPONDENT (BY SRI S.PARTHASARATHI & SRI H.R.KAMBIYAVAR, ADVS.)

2 THIS ITA IS FILED UNDER SECTION 260A OF THE INCOME TAX ACT, 1961 TO SET ASIDE THE ORDER PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BANGALROE, BENCH-A, BANGALOE IN ITA NO.229/BANG/2012 DTD. 10.01.2014 AND ETC. THIS ITA COMING ON FOR ORDERS THIS DAY, S.ABDUL NAZEER.J., DELIVERED THE FOLLOWING: JUDGMENT Learned counsel appearing for the parties agree that the point in issue is covered by the decision of this Court in ITA No.100014/14 C/w ITA No.100013/14, disposed of on 14.12.2015. Following the said decision, this appeal is also dismissed. No costs. Sd/- JUDGE

Sd/- JUDGE KLY/

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