THE PR COMMISSIONER OF INCOME TAX vs. M/S BRITISH ENGINES (INDIA) PVT LTD

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ITA/416/2016HC KarnatakaKAHC01049847201631 July 2017Bench: K.S.MUDAGAL,H.G.RAMESH2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court dismissed the appeal. The learned counsel for the appellants (Revenue) fairly submitted that the question raised in this appeal has already been answered against the appellants by this Court in the case of CIT v. Yokogawa India Ltd. [2012] 341 ITR 385 (Karn). Based on this submission, the Court found no reason to entertain the appeal and accordingly dismissed it. The specific issue decided by the ITAT and the reasoning behind the precedent case are not elaborated in this judgment, but the principle applied is that a prior decision of the High Court on a similar question of law binds the present appeal.

What were the facts?

The appeal is filed by the Principal Commissioner of Income-tax and the Income-tax Officer against an order dated January 22, 2016, passed by the Income Tax Appellate Tribunal (ITAT) in ITA No.1277/Bang/2014. The assessment year in question is 2008-2009. The ITAT's order is under challenge. The procedural history involves the filing of this appeal under Section 260-A of the Income Tax Act, 1961, by the revenue. The High Court is considering the admission of this appeal.

What were the issues?

1. Whether the substantial question of law, as formulated by the appellants (Revenue), is to be decided by this Court. The Revenue is appealing against the order of the ITAT. The specific substantial question of law is not detailed in the provided judgment excerpt. The Revenue's contention is that the ITAT's order is erroneous and requires setting aside. The Respondent (assessee), M/s. British Engines (India) Pvt. Ltd., is not recorded as having made any specific arguments in this excerpt, as the appeal was dismissed on the submission of the Revenue's counsel.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

ITA No.416/2016

-1-

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 31ST DAY OF JULY 2017

PRESENT

THE HON’BLE MR. JUSTICE H.G.RAMESH

AND

THE HON’BLE MRS. JUSTICE K.S.MUDAGAL

INCOME TAX APPEAL NO.416/2016

BETWEEN :

1.

THE PR.COMMISSIONER OF INCOME-TAX

CIT (A), 5TH FLOOR, BMTC BUILDING

80 FEET ROAD, KORAMANGALA

BENGALURU-560 095

2.

THE INCOME-TAX OFFICER

WARD-1(1)(4), PRESENT ADDRESS

7TH FLOOR, BMTC BUILDING

80 FEET ROAD, KORAMANGALA

BENGALURU-560 095

...APPELLANTS

(BY SRI ARAVIND K.V. ADVOCATE)

AND :

M/S.BRITISH ENGINES (INDIA) PVT.LTD., NO.6A, ATTIBELE INDUSTRIAL AREA BENGALURU-562 107

...RESPONDENT

THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF I.T.ACT, 1961 PRAYING TO FORMULATE THE SUBSTANTIAL QUESTION OF LAW AND TO SET ASIDE THE TRIBUNAL ORDER DATED:22.01.2016 PASSED IN ITA NO.1277/BANG/2014, FOR THE ASSESSMENT YEAR 2008-2009.

THIS INCOME TAX APPEAL COMING ON FOR ADMISSION, THIS DAY, H.G.RAMESH J., DELIVERED THE FOLLOWING:

ITA No.416/2016

-2-

JUDGMENT

H.G.RAMESH, J. (Oral):

Learned counsel for the appellants fairly submits that the question raised in this appeal is answered against the appellants by this Court in CIT v. Yokogawa India Ltd. [2012] 341 ITR 385 (Karn). The appeal is accordingly dismissed.

Appeal dismissed. Sd/-

JUDGE

Sd/-

JUDGE

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