THE COMMISSIONERR OF INCOME-TAX vs. M/S. HONNALI URBAN CREDIT

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ITA/103/2015HC KarnatakaKAHC01024746201508 September 2015Bench: B.MANOHAR,VINEET SARAN2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court noted that the question involved in the appeal was covered by its previous decision in the case of Commissioner of Income Tax vs. Sri Biluru Gurubasava Pattina Sahakari Sangha Niyamitha Bagalkot, decided on February 5, 2014, in ITA No. 5006/2013. In light of this binding precedent, the High Court dismissed the appeal. The specific findings of the ITAT or the lower authorities, nor the detailed reasoning of the High Court's prior judgment, are elaborated upon in this order. The operative direction is the dismissal of the appeal.

What were the facts?

The Commissioner of Income Tax and the Income-Tax Officer (appellants) filed an appeal under Section 260-A of the Income Tax Act, 1961, before the High Court of Karnataka. The appeal challenged an order dated October 31, 2014, passed by the Income Tax Appellate Tribunal (ITAT), Bangalore, in ITA No. 1720/Bang/2013. The assessment year in question was 2008-2009. The appellants sought to set aside the ITAT's order and confirm the order of the Appellate Commissioner, which in turn had confirmed the order of the Commissioner of Income Tax, Davanagere. The respondent is M/s. Honnali Urban Credit Co-operative Society Ltd.

What were the issues?

1. Whether the High Court should formulate substantial questions of law arising from the ITAT's order dated October 31, 2014, in ITA No. 1720/Bang/2013 concerning the assessment year 2008-2009. Assessee's contentions: Not recorded in the judgment. Revenue's contentions: The revenue, represented by the Commissioner of Income Tax and the Income-Tax Officer, sought to set aside the ITAT's order and confirm the lower authorities' orders. The specific grounds or arguments made by the revenue are not detailed in the judgment, other than the general prayer to allow the appeal.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8TH DAY OF SEPTEMBER, 2015

PRESENT

THE HON'BLE MR. JUSTICE VINEET SARAN

AND

THE HON’BLE MR. JUSTICE B.MANOHAR

ITA No.103/2015 BETWEEN

1.

The Commissioner of Income Tax

Park View Building, No.284/1

4th Main, P J Extension, Davangere-577 002.

2.

The Income-Tax Officer

Ward-2, No.75, 100 Feet Road

Gopalagowda Extension

Shimoga – 577 201.

.. Appellants

(By Sri K V Aravind along with Sri Padmabushan, Advs.)

AND

M/s.Honnali Urban Credit Co-operative Society Ltd., T M Road, Honnali PAN : AAATH 4527L.

..Respondent

This ITA is filed under Sec.260-A of Income Tax Act 1961, arising out of order dated 31.10.2014 passed in ITA No.1720/Bang/2013 for the assessment year 2008-2009 praying to formulate the substantial questions of law and allow the appeal

and set aside the order passed by the ITAT, Bangalore in ITA No.1720/Bang/2013 dated 31.10.2014 and confirm the order of the Appellate Commissioner confirming the order passed by the Commissioner of Income Tax, Davanagere.

This ITA coming on for orders this day, VINEET SARAN J. delivered the following:

JUDGMENT

Heard Sri K V Aravind, learned counsel for the appellants and perused the records.

2.

The question involved in this appeal is covered by the decision of this Court in the case of Commissioner of Income Tax –vs- Sri Biluru Gurubasava Pattina Sahakari Sangha Niyamitha Bagalkot in ITA No.5006/2013 decided on 05.02.2014.

In the light of the aforesaid judgment, this appeal stands dismissed.

Sd/-

JUDGE

Sd/-

JUDGE bkm

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