THE COMMISSIONER OF INCOME TAX vs. M/S NADATUR HOLDINGS AND INVESTMENTS PVT LTD

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ITA/344/2007HC KarnatakaKAHC01023395200731 October 2012Bench: B.V.PINTO,K.SREEDHAR RAO2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that a similar question of law had already been answered against the Revenue in ITA No.1400/2006, which pertained to an earlier assessment year. Therefore, the same question of law in the present case would also be answered against the Revenue. The reasoning is based on the principle of consistency and the binding precedent set by the High Court's own prior decision. Consequently, the appeal filed by the Revenue was dismissed. No specific issue was left undecided; the appeal was disposed of based on the prior ruling.

What were the facts?

The Commissioner of Income Tax and the Assistant Commissioner of Income Tax (the Revenue) filed an appeal before the High Court of Karnataka against an order dated 11-10-2006 passed by the Income Tax Appellate Tribunal (ITAT), Bangalore in ITA No.3096/Bang/2004. The appeal pertains to Assessment Year 2001-02. The Revenue sought to set aside the ITAT's order and confirm the orders of the lower appellate authorities, including the Assistant Commissioner. The High Court noted that a similar question of law for an earlier assessment year had been decided against the Revenue in ITA No.1400/2006.

What were the issues?

1. Whether a substantial question of law arises for consideration in this appeal, as framed by the Revenue. (Question of law) Assessee's Contention: The judgment does not record any specific contentions made by the assessee. The assessee is M/s. Nadatur Holdings & Investments Pvt. Ltd. Revenue's Contention: The Revenue contended that the order passed by the ITAT was erroneous and sought to have it set aside. They relied on the fact that a similar question of law for an earlier assessment year had been decided against them by the High Court in ITA No.1400/2006, implying they believed a different outcome was possible or that the present case presented distinguishing factors.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 31ST DAY OF OCTOBER 2012 PRESENT THE HON'BLE MR. JUSTICE K.SREEDHAR RAO AND THE HON'BLE MR. JUSTICE B.V.PINTO ITA No.344/2007 BETWEEN: 1 THE COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, C.R.BUILDING, QUEENS ROAD, BANGALORE. 2. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 12(1), C.R. BUILDING, QUEENS ROAD, BANGALORE. APPELLANTS (BY SRI K.V. ARAVIND, ADVOCATE) AND: M/S. NADATUR HOLDINGS & INVESTMENTS PVT. LTD., NO.406, 8TH MAIN ROAD, 4TH BLOCK, JAYANAGAR,

2 BANGALORE. RESPONDENT (BY SRI K.S. RAMABHADRAN, ADVOCATE)

This ITA is filed u/S.260-A of I.T. Act, 1961 arising out of Order dated 11-10-2006 passed in ITA No.3096/Bang/2004 for the Assessment Year 2001-02, praying that this Hon'ble Court may be pleased to: (i) formulate the substantial questions of law stated therein and (ii) allow the appeal and set aside the order passed by the ITAT, Bangalore in ITA No.3096/Bang/2004 dated 11-10-2006 & confirm the order of the Appellate Commissioner confirming the order of the Appellate Commissioner and confirm the order passed by the Asst. Commissioner of Income Tax, Circle-12(1), Bangalore, in the interest of justice and equity. This Appeal is coming on for hearing this day, SREEDHAR RAO, J., delivered the following: JUDGMENT This court in ITA No.1400/2006, pertaining to the earlier assessment year has answered the question of law against the revenue. In the present case, similar question of law would arise. Therefore, the same is answered against the revenue. Accordingly the appeal is dismissed. Sd/- JUDGE Sd/- JUDGE psg*

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