THE PR. COMMISSIONER OF INCOME TAX vs. M/S TRIDENT MINERALS (100% EOU),

ITA/100033/2017HC KarnatakaKAHC02013640201710 October 2018Bench: H.T.NARENDRA PRASAD,B.VEERAPPA2 pages

AI SummaryRemanded

What did the High Court hold?

The High Court noted the submission by both counsel that the issue involved in the present appeal has already been considered and answered in the case of Commissioner of Income Tax V/s. M/s. Trident Minerals (100% EOU) in ITA.No.100029/2014, which was disposed of on 10.10.2018. Based on this submission, the High Court stated that the present appeal is also disposed of on the same terms as the aforementioned case. The specific findings or reasoning from the prior judgment were not detailed in this order, but the operative direction was to dispose of the current appeal in line with the prior decision.

What were the facts?

The appeal is filed by the Principal Commissioner of Income Tax and the Assistant Commissioner of Income Tax (Appellants) against the order of the Income-Tax Appellate Tribunal, Bengaluru Bench 'A', Bengaluru, dated 21.04.2017 for the Assessment Year 2011-12. The Respondent is M/s Trident Minerals (100% EOU). The Appellants seek to set aside the Tribunal's order and confirm the order passed by the Assistant Commissioner of Income Tax Officer, Circle-1, Bellary. The procedural history involves an appeal filed under Section 260A of the Income-Tax Act, 1961.

What were the issues?

1. Whether the Income-Tax Appellate Tribunal erred in its decision regarding the issue concerning M/s Trident Minerals (100% EOU) for the Assessment Year 2011-12, as it pertains to the order passed by the Assistant Commissioner of Income Tax Officer, Circle-1, Bellary. Contentions: Assessee: Not recorded. Revenue: The issue involved in the present appeal is already considered and answered in the case of the Commissioner of Income Tax V/s. M/s. Trident Minerals (100% EOU) made in ITA.No.100029/2014, disposed off on 10.10.2018.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

: 1 : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 10TH DAY OF OCTOBER, 2018 PRESENT THE HON’BLE MR. JUSTICE B.VEERAPPA AND THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD I.T.A.No.100033/2017 BETWEEN:

THE PR. COMMISSIONER OF INCOME TAX, SEDAM ROAD, KALABURGI.

THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE-I,BALLARI.

...APPELLANTS

(BY SRI Y.V.RAVIRAJ, ADVOCATE)

AND:

M/S TRIDENT MINERALS (100% EOU), NO.811/2, NH-63, HOSPET ROAD, BALLARI. AAFFT0920R.

...RESPONDENT

(BY SRI M.V.SESHACHALA, SR. COUNSEL FOR SRI H.R.KAMBIYAVAR, ADVOCATE)

THIS APPEAL IS FILED ITA FILED U/SEC.260A OF THE INCOME-TAX ACT, 1961, PRAYING TO FORMULATE THE SUBSTANTIAL QUESTION OF LAW AS STATED ABOVE AND TO ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL, BENGALURU BENCH 'A' BENGALURU DATED:21.04.2017 IN 33(BANG) 2016 FOR THE ASSESSMENT YEAR 2011-12 AND CONFIRM THE ORDER PASSED

: 2 : BY THE ASSISTANT COMMISSIONER OF INCOME TAX OFFICER, CIRCLE-1, BELLARY IN THE INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, B.VEERAPPA J., DELIVERED THE FOLLOWING:

JUDGMENT

Both the counsel for the parties to the lis submit that issue involved in the present appeal is already considered and answered in the case of the Commissioner of Income Tax V/s. M/s. Trident Minerals (100% EOU) made in ITA.No.100029/2014, disposed off on 10.10.2018. The said submission is placed on record.

In view of the above, the present ITA is also disposed off on the same terms.

Sd/- JUDGE

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