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

PDF · subscribers
ITA/105/2015HC KarnatakaKAHC01026200201508 September 2015Bench: B.MANOHAR,VINEET SARAN2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court, after hearing the learned counsel for the appellants and perusing the records, noted that the question involved in this appeal is covered by a previous decision of the same 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. Following this precedent, the High Court dismissed the appeal. The specific issue decided in the cited precedent is not detailed in this judgment, but it formed the basis for the dismissal of the present appeal. No issues were expressly left undecided.

What were the facts?

This appeal under Section 260-A of the Income Tax Act, 1961, is filed by the Commissioner of Income Tax and the Income-Tax Officer against the order dated 31.10.2014 passed by the Income Tax Appellate Tribunal (ITAT), Bangalore in ITA No.1721/Bang/2013. The assessment year in question is 2009-2010. The appellants seek to set aside the ITAT's order and confirm the order of the Appellate Commissioner, which in turn had confirmed the order passed by 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 and allow the appeal against the ITAT's order dated 31.10.2014, thereby setting aside the said order and confirming the lower authorities' orders. The Assessee (Revenue) argued that the appeal should be allowed and the ITAT's order set aside, confirming the orders of the Appellate Commissioner and the Commissioner of Income Tax. The specific grounds for this argument are not detailed in the judgment. The Respondent (Assessee) did not present any arguments as recorded in the judgment.

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.105/2015 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.70, 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.1721/Bang/2013 for the assessment year 2009-2010 praying to formulate the substantial question of law and allow the appeal

and set aside the order passed by the ITAT, Bangalore in ITA No.1721/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

More judgments on Section 260-A

All 2,570 judgments and leading authorities on Section 260-A →

Recent GST High Court judgments

Search GST case law →