COMMISSIONER OF INCOME TAX vs. SRI SAHAKARNAGAR CREDIT COOPERATIVE SOCIETY LTD

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ITA/267/2015HC KarnatakaKAHC01031662201508 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 present appeal is covered by its earlier decision in the case of Commissioner of Income Tax –vs- Sri Biluru Gurubasava Pattina Sahakari Sangha Niyamitha Bagalkot, decided on 05.02.2014. In light of this precedent, the High Court found no reason to deviate from its previous ruling. Therefore, the appeal filed by the Revenue was dismissed. The ratio decidendi is that if a specific issue has already been decided by the High Court in a similar case, subsequent appeals on the same issue will be decided in accordance with that precedent. No specific relief was granted to the assessee as the appeal was dismissed. The judgment does not mention any issue left undecided.

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 challenges an order dated October 10, 2014, passed by the Income Tax Appellate Tribunal (ITAT), 'B' Bench, Bangalore, in ITA No.1671/Bang/2013. This order pertains to the assessment year 2009-2010. The respondent is Sri Sahakarnagar Credit Co-operative Society Ltd. The High Court heard the counsel for the appellants and perused the records.

What were the issues?

1. Whether the High Court should decide the question of law and/or other questions of law as it deems fit, arising from the ITAT's order dated 10.10.2014 in ITA No.1671/Bang/2013 for AY 2009-2010. The Appellants (Revenue) argued that the appeal should be decided on the question of law and any other relevant questions. The judgment does not record specific contentions from the Respondent (Assessee). The Appellants relied on the decision of the High 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.

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.267/2015

BETWEEN

1.

Commissioner of Income Tax

Bangalore.

2.

Income-Tax Officer

Ward-6(4), Bangalore.

.. Appellants

(By Sri E I Sanmathi, Adv.)

AND

Sri Sahakarnagar Credit Co-operative Society Ltd., No.2167, 3rd Main Sahakarnagar, Bangalore-560021.

..Respondent

This ITA is filed under Sec.260-A of Income Tax Act 1961, arising out of order dated 10.10.2014 passed in ITA No.1671/Bang/2013 for the assessment year 2009-2010 praying to decide the foregoing question of law and/or such other questions of law as may be formulated by the Hon’ble Court as deemed fit and set aside the appellate order dated 10.10.2014

passed by the Income Tax Appellate Tribunal, `B’ Bench, Bangalore in appeal proceedings in ITA No.1671/Bang/2013 for A.Y. 2009-2010.

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

JUDGMENT

Heard Sri E I Sanmathi, 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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