THE COMMISSIONER OF INCOME TAX vs. M/S KHODAY INDIA LTD

ITA/149/2007HC KarnatakaKAHC01016669200714 August 2012Bench: B.MANOHAR,K.SREEDHAR RAO2 pages

AI SummaryDismissed

What did the High Court hold?

The High Court of Karnataka, in its judgment dated August 14, 2012, decided the issue against the Revenue. The Court referred to its own prior decision in ITA No.120/2003 dated March 15, 2010. Based on this precedent, the question of law was answered in favor of the assessee. Consequently, the appeal filed by the Revenue was dismissed. The specific reasoning from the cited precedent is not detailed in this judgment, nor are any specific provisions of the Income Tax Act, other than Section 260A, explicitly discussed in relation to the operative part of the decision. No issues were left undecided.

What were the facts?

The Commissioner of Income Tax and the Assistant Commissioner of Income Tax (Appellants/Revenue) filed an appeal under Section 260A of the Income Tax Act, 1961, before the High Court of Karnataka. The appeal challenged an order passed by the Income Tax Appellate Tribunal (ITAT), Bangalore, in ITA No.3080/Bang/2004 dated June 2, 2006. The ITAT's order had confirmed an earlier order of the Appellate Commissioner, which in turn had overturned the order of the Assistant Commissioner of Income Tax. The assessee is M/s Khoday India Ltd. The specific assessment year(s) and the amount in dispute are not recorded in this judgment.

What were the issues?

1. Whether the Income Tax Appellate Tribunal erred in confirming the order of the Appellate Commissioner, thereby setting aside the order of the Assistant Commissioner of Income Tax, in relation to the assessment of M/s Khoday India Ltd. (Question of law). The Revenue contended that the ITAT's order should be set aside and the order of the Assistant Commissioner confirmed. The Revenue relied on Section 260A of the Income Tax Act, 1961, for the present appeal. The judgment does not record any specific arguments or authorities relied upon by the Revenue beyond the general appeal under Section 260A. The Assessee's contentions are not recorded in this judgment.

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 AT BANGALORE DATED THIS THE 14TH DAY OF AUGUST 2012 PRESENT THE HON'BLE MR. JUSTICE K.SREEDHAR RAO AND THE HON'BLE MR. JUSTICE B.MANOHAR ITA No.149/2007 BETWEEN : 1 THE COMMISSIONER OF INCOME TAX C.R.BUILDING, QUEEN'S ROAD, BANGALORE. 2 THE ASSISTANAT COMMISSINER OF INCOME TAX CENTRAL CIRCLE,1(1) C.R.BUILDING, QUEEN'S ROAD, BANGALORE. ...APPELLANTS (By Sri K V ARAVIND, ADV.) AND : M/S KHODAY INDIA LTD NO.54, KANNIYAKANA AGRAHARA, ANJANAPURA POST, BANGALORE. ...RESPONDENT (By Sri S SUKUMAR, ADV.) This ITA is filed under Section 260A of the Income Tax Act, 1961, praying to set aside the order passed by the Income Tax Appellate Tribunal, Bangalore in ITA No.3080/Bang/2004 dated

2 2.6.2006 confirming the order of the Appellate Commissioner and confirm the order passed by the Assistant Commissioner of Income Tax, Central Circle-1(1), Bangalore. This ITA coming on for final hearing this day, K.SREEDHAR RAO, J, delivered the following: JUDGMENT In view of the decision of this Court in ITA No.120/2003 DD 15.3.2010, the question of law is answered against the revenue. The appeal is dismissed. Sd/- JUDGE Sd/- JUDGE bkm.

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