THE COMMISSIONER OF INCOME TAX vs. M/S. SHARMEEN TRANSPORT COMPANY

ITA/100054/2014HC KarnatakaKAHC02009747201410 October 2018Bench: H.T.NARENDRA PRASAD,B.VEERAPPA2 pages

AI SummaryRemanded

What did the High Court hold?

The High Court of Karnataka, upon hearing both counsels, noted their submission that the issue in the present appeal was identical to that decided 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 October 10, 2018. Placing this submission on record, the Court decided to dispose of the present appeal in terms of the said earlier judgment. The specific findings or reasoning of the ITAT in the impugned order are not discussed, nor are the specific grounds of appeal by the Revenue detailed. The operative direction is to follow the precedent set in the Trident Minerals case.

What were the facts?

This case involves an appeal by the Revenue (Commissioner of Income Tax and Deputy Commissioner of Income Tax) against an order passed by the Income Tax Appellate Tribunal (ITAT), Bangalore Bench, dated March 7, 2014, in ITA No. 1044/Bang/2012. The ITAT had dismissed appeals filed by the Revenue and cross-objections filed by the assessee, M/s. Sharmeen Transport Company and M/s. Hothur Traders 100% EOU. The assessment years are not explicitly stated in the provided text. The dispute pertains to the ITAT's decision, which is now under challenge before the High Court of Karnataka.

What were the issues?

1. Whether the High Court of Karnataka should decide the present appeal based on a previous judgment concerning a similar issue? (Question of law) Assessee's Contention: The counsel for the assessee submitted 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, disposed of on October 10, 2018. Revenue's Contention: The counsel for the revenue concurred with the assessee's submission that the present appeal should be disposed of on the same terms as the aforementioned case.

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.100054/2014 BETWEEN:

THE COMMISSIONER OF INCOME TAX, SEDAM ROAD, GULBARGA.

THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-I, BELLARY.

...APPELLANTS

(BY SRI Y.V.RAVIRAJ, ADVOCATE)

AND:

M/S. SHARMEEN TRANSPORT COMPNAY, PAN:AAUFS 3062N

AND M/S. HOTHUR TRADERS 100% EOU, PAN: AAEFH 7705H PLOT NO.5,6,7 & 8, HOTHUR HOUSE, INFANTRY ROAD, CANTONMENT, NEAR NANDI SCHOOL, BELLARY.

...RESPONDENT

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

THIS APPEAL IS FILED U/SEC.260A OF THE INCOME-TAX ACT, 1961 AGAINST ORDER PASSED IN ITA.NO.1044/BANG/2012,

: 2 : DATED; 07.03.2014 ON THE FILE OF THE INCOME TAX APPELLATE TRIBUNAL, BANGALORE BENCH, APPEAL FILED BY THE REVENUE & C.O.’S BY THE ASSESSEE ARE DISMISSED.

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

Recent GST High Court judgments

Search GST case law →