THE PRINCIPAL COMMISSIONER vs. MINORITY CREDIT CO-OP. SOCIETY LTD,

ITA/100077/2015HC KarnatakaKAHC02007002201501 October 2015Bench: ANAND BYRAREDDY,S.SUJATHA2 pages

AI SummaryDismissed

What did the High Court hold?

The High Court of Karnataka, Dharwad Bench, disposed of the present appeal in terms of its earlier decision in Income Tax Appeal No.100036 of 2014 and connected matters, decided on 21.09.2015. The specific findings, reasoning, and ratio decidendi of the earlier judgment are not detailed in this order. However, by disposing of the present appeal in terms of the earlier one, it implies that the High Court found no merit in the Revenue's appeal, likely upholding the order of the Income Tax Appellate Tribunal. The operative directions would be to set aside the Revenue's appeal, thereby confirming the Tribunal's order. No issue was expressly left undecided.

What were the facts?

The appeal is filed by the Principal Commissioner of Income Tax and the Income Tax Officer against an order passed by the Income Tax Appellate Tribunal, Bangalore Bench. The assessment years are not specified. The order under challenge is the Tribunal's order in ITA No.360/BANG/2014, dated 29.12.2014. The appellants seek to set aside the Tribunal's order and confirm the order passed by the Income Tax Officer, Ward-1, Bagalkot. The respondent is the Minority Credit Co-Operative Society Limited. The High Court notes that the present appeal is filed in similar circumstances and raises an identical issue as decided in Income Tax Appeal No.100036 of 2014 and connected matters, which were decided on 21.09.2015.

What were the issues?

1. Whether the Income Tax Appellate Tribunal erred in its decision regarding the issue that was also decided in Income Tax Appeal No.100036 of 2014 and connected matters. This is a question of law. The Revenue's contention, as implied by the appeal, is that the Tribunal's order was incorrect and the Income Tax Officer's order should be upheld. The Assessee's contentions are not recorded, but it is understood that they would support the Tribunal's order. The judgment does not explicitly state the specific issue or the provisions of the Income Tax Act, 1961, involved, other than Section 260A under which the appeal is filed.

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 1ST DAY OF OCTOBER, 2015 PRESENT THE HONOURABLE MR.JUSTICE ANAND BYRAREDDY AND THE HONOURABLE MRS.JUSTICE S.SUJATHA INCOME TAX APPEAL No.100077/2015 Between: 1. The Principal Commissioner of Income Tax Dr.B.R.Ambedkar Road, Belagavi. 2. The Income Tax Officer, Ward (1) , Bagalkot. … Appellants (By Shri.Y.V.Raviraj, Advocate) And: Minority Credit Co-Operative Society Limited, TMC Building, New Vegetable Market Road, Bagalkot. PAN:AADCM 6890L. … Respondent (By Shri.H.R.Kambiyavar, Advocate) This appeal is filed under Section 260A of the Income-Tax Act, 1961, praying to set aside the order passed by the Income Tax

: 2 : Appellate Tribunal, ‘B’ Bench, Bangalore, in ITA No.360/BANG/2014, dated 29.12.2014 and confirm the order passed by the Income Tax Officer, Ward-1, Bagalkot and etc., This appeal coming on for orders, this day, Anand Byrareddy J., delivered the following: JUDGMENT Shri H.R.Kambiyavar, learned counsel accepts notice for the respondent. 2. The present appeal is filed in similar circumstances raising an identical issue as was decided in Income Tax Appeal No.100036 of 2014 and connected matters decided on 21.09.2015 and accordingly, the present appeal is disposed of, in terms thereof. Sd/- JUDGE Sd/- JUDGE Jm/-

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