THE PRINCIPAL COMMISSIONER vs. THE ATHANI CO OPERATIVE CREDIT

ITA/100092/2015HC KarnatakaKAHC02008770201526 September 2016Bench: ASHOK B HINCHIGERI,P.S.DINESH KUMAR2 pages

AI SummaryDismissed

What did the High Court hold?

The High Court noted the joint submission by both the Revenue and the Assessee that the issue in this appeal is covered by the High Court's judgment in I.T.A.No.100029/2015. Consequently, the appeal was dismissed. The Court clarified that the parties would be bound by the judgment of the Hon'ble Supreme Court in any Special Leave Petitions (SLPs) that may have been filed by the Revenue on the question of law raised in this appeal. No specific finding on the merits of the case was recorded, as the dismissal was based on the submission of the issue being covered by a prior judgment. The operative direction was to dismiss the appeal.

What were the facts?

This appeal is filed by the Revenue against the order of the Income Tax Appellate Tribunal (ITAT), Panaji Bench. The assessment year in question is 2011-12. The Revenue is challenging the order passed by the ITAT, which had presumably ruled in favour of the assessee, The Athani Co-operative Credit Society Ltd. The appeal is filed under Section 260A of the Income Tax Act, 1961, seeking to set aside the ITAT's order and confirm the order passed by the Income Tax Officer. The High Court of Karnataka, Dharwad Bench, is hearing the appeal.

What were the issues?

1. Whether the ITAT erred in its decision regarding the assessment year 2011-12, which is the subject of the appeal filed under Section 260A of the Income Tax Act, 1961. The Revenue contended that the ITAT's order should be set aside and the Income Tax Officer's order confirmed. The judgment does not record specific arguments from the Revenue regarding the substantive issue. The Assessee's contentions are not recorded in the judgment. Both parties made a joint submission that the issue involved in this appeal is covered by a previous judgment of the High Court in I.T.A.No.100029/2015.

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 26TH DAY OF SEPTEMBER, 2016 PRESENT THE HON’BLE MR. JUSTICE ASHOK B. HINCHIGERI AND THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR I.T.A. No.100092/2015 BETWEEN: 1. The Principal Commissioner of Income Tax, Dr. B.R. Ambedkar Road, Belgavi. 2. The Income Tax Officer, Ward-1(4), Belgavi. … Appellants (By Sri Y.V. Raviraj, Advocate) AND: The Athani Co-operative Credit Society Ltd., Kalagi Galli, Saree Bazaar, Taluk Athani, Belgaum District. … Respondent (By Sri Sangram S. Kulkarni, Advocate) This I.T.A. is filed under Section 260A of the Income Tax Act, 1961 praying to formulate the substantial question of law stated above, allow the appeal and set aside the orders passed by the Income Tax Appellate Tribunal, Panaji Bench, Panaji in ITA No.416/PNJ/2014 dated 20.3.2015 for the assessment year 2011-12

2 and confirm the order passed by the Income Tax Officer, Ward- 1(3), Belagavi. This I.T.A. coming on for admission this day, P.S. Dinesh Kumar J, delivered the following: J U D G M E N T Sri Y.V. Raviraj, learned counsel for the Revenue and Sri Sangram S. Kulkarni, learned counsel for the respondent make a joint submission that the issue involved in this appeal is covered by the judgment of this Court in I.T.A.No.100029/2015. Their submission is placed on record. 2. Resultantly, this appeal is dismissed making it clear that the parties shall be bound by the judgment of the Hon’ble Supreme Court in the SLPs said to have been filed by the Revenue on the question of law raised in this appeal. Sd/- JUDGE Sd/- JUDGE MD

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