COMMISSISONER OF INCOME TAX vs. M/S. NITESH

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ITA/393/2015HC KarnatakaKAHC01039542201508 September 2015Bench: B.MANOHAR,VINEET SARAN2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court noted that the questions involved in the present appeal are covered by its previous decision in the case of Chief Commissioner of Income Tax –vs- Sarva Equity (P) Ltd. (2014) 111 DTR 207 (Kar.). In light of this binding precedent, the High Court found no reason to deviate from its earlier ruling. Consequently, the appeal filed by the Revenue was dismissed. The specific findings or reasoning of the ITAT that were challenged are not detailed in this High Court order, as the decision rests solely on the applicability of the cited precedent. No issues were left undecided.

What were the facts?

The Commissioner of Income Tax-III, Bangalore (Revenue) has filed an appeal under Section 260-A of the Income Tax Act, 1961, against the order dated March 27, 2015, passed by the Income Tax Appellate Tribunal (ITAT), 'A' Bench, Bangalore. The appeal pertains to Assessment Year 2007-2008 and arises from ITA No. 740/Bang/2014. The Revenue seeks to set aside the common appellate order of the ITAT. M/s. Nitesh Infrastructure Pvt. Ltd. is the respondent assessee. The High Court heard arguments from both the appellant and the respondent.

What were the issues?

1. Whether the High Court should decide the questions of law arising from the ITAT's order dated March 27, 2015, for Assessment Year 2007-2008, and set aside the said order. Assessee's Contention: The respondent assessee was represented by Sri M Lava, Adv. The judgment does not record specific arguments made by the assessee's counsel. Revenue's Contention: The appellant Revenue, represented by Sri E I Sanmathi, Adv., sought to have the ITAT's order set aside. The judgment does not record specific arguments made by the Revenue's counsel beyond the general prayer in the appeal.

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.393/2015

BETWEEN

Commissioner of Income Tax-III Central Revenue Buildings Queens Road, Bangalore-560 001.

..Appellant

(By Sri E I Sanmathi, Adv.)

AND

M/s.Nitesh Infrastructure Pvt. Ltd. No.107, 1st Floor, Andrews Building M G Road, Bangalore-560 001 PAN : AACCN2872N.

..Respondent

(By Sri A Shankar and Sri M Lava, Advs.)

This ITA is filed under Sec.260-A of Income Tax Act 1961, arising out of order dated 27.3.2015 passed in ITA No.740/Bang/2014 for the assessment year 2007-2008 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 common appellate order dated 27.3.2015 passed

by the ITAT, `A’ Bench, Bangalore in appeal proceedings in ITA No.740/Bang/2014 for Assessment Year 2007-2008.

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

JUDGMENT

Heard Sri E I Sanmathi, learned counsel for the appellant as well as Sri M Lava, learned counsel for the respondent and perused the records.

2.

The questions involved in this appeal are covered by the decision of this Court in the case of Chief Commissioner of Income Tax –vs- Sarva Equity (P) Ltd. (2014) 111 DTR 207 (Kar)..

In the light of the aforesaid judgment, this appeal stands dismissed.

Sd/-

JUDGE

Sd/-

JUDGE

bkm

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