PR COMMISSIONER OF INCOME TAX vs. M/S GMR SPORTS PVT LTD.

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ITA/194/2017HC KarnatakaKAHC01022924201705 December 2017Bench: ALOK ARADHE,M.G.S. KAMAL2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the question raised in the present appeal had been answered against the appellants (the Revenue) by this Court in the case of CIT v. Karnataka Reddy Janasangha [(2016) 389 ITR 229 (Karn)]. Based on this precedent, the Court found no merit in entertaining the appeal. Therefore, the appeal was dismissed. The reasoning is solely based on the binding precedent established by the High Court itself in a similar matter. No specific findings on the merits of the ITAT's order are discussed, as the appeal was disposed of on the basis of the prior ruling.

What were the facts?

The appellants, the Principal Commissioner of Income Tax-Central and the Deputy Commissioner of Income Tax, Central Circle-2(2), Bangalore, have filed an appeal under Section 260-A of the Income Tax Act, 1961. The appeal challenges an order dated 29.07.2016 passed by the Income Tax Appellate Tribunal (ITAT), 'A' Bench, Bangalore, in ITA No.1488/Bang/2014. The assessment year in question is 2009-2010. The respondent is M/s GMR Sports Pvt. Ltd. The appeal was filed seeking formulation of substantial questions of law and to set aside the ITAT's order.

What were the issues?

The primary issue before the High Court was whether the order passed by the ITAT for the assessment year 2009-2010 was legally sustainable. The appellants, the Revenue, sought to formulate substantial questions of law to challenge the ITAT's decision. The judgment does not explicitly state the specific questions of law that the Revenue intended to raise or the arguments presented by either side. However, the counsel for the appellants fairly submitted that the question raised in this appeal has already been answered against the appellants by this Court in a previous decision. No specific arguments from the respondent are recorded.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

ITA No.194/2017

-1-

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5TH DAY OF DECEMBER 2017

PRESENT

THE HON’BLE MR.H.G.RAMESH ACTING CHIEF JUSTICE

AND

THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR INCOME TAX APPEAL NO.194/2017

BETWEEN :

1.

PR. COMMISSIONER OF

INCOME TAX-CENTRAL

BMTC COMPLEX

KORMANGALA, BANGALORE

2.

DY.COMMISSIONER OF INCOME TAX

CENTRAL CIRCLE-2(2), BMTC

COMPLEX, KORAMANGALA

BANGALORE

...APPELLANTS

(BY SRI E.I.SANMATHI, ADVOCATE)

AND :

M/S GMR SPORTS PVT. LTD. BIRLA TOWERS, 25 BARAKHAMBHA ROAD NEW DELHI – 110 001

...RESPONDENT

THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF I.T.ACT, 1961 PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW AND TO SET ASIDE THE ORDER DATED 29.07.2016 PASSED BY THE ITAT, ‘A’ BENCH, BANGALORE IN ITA NO.1488/BANG/2014

FOR THE ASSESSMENT YEAR 2009-2010.

ITA No.194/2017

-2-

THIS INCOME TAX APPEAL COMING ON FOR ADMISSION, THIS DAY, THE ACTING CHIEF JUSTICE DELIVERED THE FOLLOWING:

JUDGMENT

Ag.CJ (Oral):

Learned counsel appearing for the appellants fairly submits that the question raised in this appeal is answered against the appellants by this Court in CIT v. Karnataka Reddy Janasangha [(2016) 389 ITR 229 (Karn)]. The appeal is accordingly dismissed.

Appeal dismissed.

Sd/-

ACTING CHIEF JUSTICE

Sd/-

JUDGE

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