THE SARASWAT CO OPERATIVE BANK LIMITED vs. THE INCOME TAX OFFICER

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ITA/291/2018HC KarnatakaKAHC01051626201820 November 2018Bench: RAVI MALIMATH,K.NATARAJAN2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court upheld the office objection regarding the maintainability of the appeal. The Court granted the appellant two weeks to comply with the objection. Following this, the Registry was directed to transmit the file to the High Court Bench at Dharwad. Consequently, the appeal was disposed of for statistical purposes. The judgment does not delve into the merits of the ITAT's order or the substantive issues of the appeal, as the decision was based solely on the procedural objection concerning maintainability. No specific finding on the ITAT's order itself was made, and no operative directions were issued regarding the underlying tax dispute.

What were the facts?

The appellant, The Saraswat Co-operative Bank Limited, filed an appeal before the High Court of Karnataka challenging an order dated 03.11.2017 passed by the Income Tax Appellate Tribunal (ITAT), Bengaluru 'B' Bench. The ITAT's order pertained to Income Tax Appeal Nos. 1246-49/BANG/2017 for the assessment years 2010-11, 2011-12, 2012-13, and 2013-14. The appeal before the High Court was filed under Section 260A of the Income Tax Act, 1961. The High Court noted an office objection regarding the maintainability of the appeal. The Court granted two weeks' time to comply with the objection, after which the Registry was to transmit the file to the High Court Bench at Dharwad. The appeal was then disposed of for statistical purposes.

What were the issues?

The High Court was to decide on the maintainability of the appeal filed by The Saraswat Co-operative Bank Limited under Section 260A of the Income Tax Act, 1961. The specific grounds for the office objection regarding maintainability are not detailed in the judgment. The appellant, The Saraswat Co-operative Bank Limited, sought to set aside the ITAT's order dated 03.11.2017 and allow their appeals before the ITAT. The revenue, represented by the Income-Tax Officer, TDS Ward – 1, Hubli, is the respondent. No specific arguments from either the appellant or the respondent regarding the substantive issues of the appeal are recorded, as the appeal was disposed of on a procedural point.

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 BENGALURU

ON THE 20TH DAY OF NOVEMBER, 2018

BEFORE

THE HON'BLE MR. JUSTICE RAVI MALIMATH

AND

THE HON’BLE MR.JUSTICE K.NATARAJAN

INCOME TAX APPEAL NO.291 OF 2018

BETWEEN:

THE SARASWAT CO-OPERATIVE BANK LIMITED BRANCH DIVATE COMPLEX, CLUB ROAD, HUBLI – 580 029, KARNATAKA, REPRESENTED BY ITS AUTHORISED SIGNATORY, MR.DAMODAR DWARKANATH DESHPANDE.

... APPELLANT (BY SRI C.K.NANDA KUMAR, ADVOCATE)

AND:

THE INCOME-TAX OFFICER, TDS WARD – 1, HUBLI, CR BUILDING, NAVANAGAR, HUBLI – 580 025, KARNATAKA. ... RESPONDENT

THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260A OF THE INCOME TAX ACT, 1961 ARISING OUT OF ORDER DATED 03.11.2017 PASSED IN ITA NOS.1246-49/BANG/2017, FOR THE ASSESSMENT YEAR

2 2010-11, 2011-12, 2012-13, 2013-14; PRAYING THIS HON’BLE COURT TO; SET ASIDE THE IMPUGNED ORDER OF THE INCOME APPELLATE TRIBUNAL, BENGALURU ‘B’ BENCH, DATED 03.11.2017 IN ITA NOS.1246- 49/BANG/2017 FOR THE ASSESSMENT YEARS 2010-11, 2011-12, 2012-13, 2013-14 AND ALLOW THE SAID APPEALS BEFORE THE INCOME TAX APPELLATE TRIBUNAL. *****

THIS INCOME TAX APPEAL COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:

JUDGMENT

The office objection on maintainability is upheld.

Two weeks time granted to comply with the office objection, after which the Registry to transmit the file to the High Court Bench at Dharwad.

Hence, the appeal stands disposed off for statistical purpose.

SD/- SD/- JUDGE

JUDGE

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