THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. SHRI SIDDHESHWAR CO OPERATIVE CREDIT SOCIETY

ITA/100101/2015HC KarnatakaKAHC02011281201501 October 2015Bench: ANAND BYRAREDDY,S.SUJATHA2 pages

AI SummaryRemanded

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 September 21, 2015. While the specific issue decided in the prior appeal is not detailed in this judgment, the operative direction is that the present appeal is disposed of in accordance with that precedent. Therefore, the finding on the issue is that it is identical to the one decided previously. The reasoning is that the present appeal is filed in similar circumstances and raises an identical issue. The ratio decidendi is that appeals with identical issues and circumstances should be decided in line with established precedents. The operative direction is to dispose of the appeal in terms of the prior judgment, implying that the outcome will mirror that decision.

What were the facts?

The Revenue, comprising the Principal Commissioner of Income Tax and the Income Tax Officer, has filed an appeal under Section 260A of the Income Tax Act, 1961, challenging an order passed by the Income Tax Appellate Tribunal, Panaji Bench. The Tribunal's order, dated March 20, 2015, in ITA No.14/PNJ/2015, is under challenge. The Revenue seeks to set aside the Tribunal's order and confirm the order passed by the Income Tax Officer, Ward-1, Nipani. The respondent is Shri Siddheshwar Co-Operative Credit Society Limited. The appeal is being disposed of in similar circumstances and on an identical issue as decided in a previous appeal, Income Tax Appeal No.100036 of 2014 and connected matters, decided on September 21, 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. The question of law is whether the Tribunal's order is sustainable in light of the previous decision. The Revenue contends that the present appeal raises an identical issue to that decided in Income Tax Appeal No.100036 of 2014 and connected matters. The Revenue relies on the decision in Income Tax Appeal No.100036 of 2014. The judgment does not record specific arguments from the respondent (assessee) beyond their counsel accepting notice.

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.100101/2015 Between: 1. The Principal Commissioner of Income Tax Dr B R Ambedkar Road, Belagavi. 2. The Income Tax Officer, Nipani, District: Belagavi. … Appellants (By Shri.Y.V.Raviraj, Advocate) And: Shri Siddheshwar Co-Operative Credit Society Limited, A/P Borgaon, Taluk: Chikkodi, District: Belagavi, AAAAS 6783 M. … Respondent (By Shri.Sangram S.Kulkarni, 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 Appellate Tribunal, Panaji Bench Panaji, in ITA No.14/PNJ/2015,

: 2 : dated 20.03.2015 and confirm the order passed by the Income Tax Officer, Ward-1, Nipani and etc., This appeal coming on for orders, this day, Anand Byrareddy J., delivered the following: JUDGMENT Shri Sangram S.Kulkarni, 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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