THE COMMISSIONER OF INCOME TAX vs. SHRI N GOWRISHANKAR

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ITA/490/2009HC KarnatakaKAHC01064067200914 August 2012Bench: B.MANOHAR,K.SREEDHAR RAO2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court, in its judgment, referred to a decision of the Supreme Court in the case of Guffic CHEM (P) Ltd. -vs- Commissioner of Income Tax & anr. reported in (2011) 332 ITR 602. Based on this Supreme Court decision, the High Court held that the questions of law were to be answered against the Revenue. Consequently, the appeal filed by the Revenue was dismissed. The specific reasoning of the ITAT or the lower authorities, or the exact nature of the dispute that led to the Supreme Court's pronouncement, is not detailed in this judgment. The operative direction was the dismissal of the appeal.

What were the facts?

This appeal is filed by the Commissioner of Income Tax and the Assistant Commissioner of Income Tax (the Revenue) against the order dated 8-5-2009 passed by the Income Tax Appellate Tribunal (ITAT), Bangalore, in ITA No.826/BANG/2007. The assessment year in question is 2002-2003. The Revenue is challenging the ITAT's decision which had set aside the order of the Appellate Commissioner, who in turn had confirmed the order passed by the Deputy Commissioner of Income Tax. The dispute pertains to the income of the respondent, Shri N Gowrishankar.

What were the issues?

1. Whether the substantial questions of law, as formulated by the Revenue, arise for consideration in this appeal, and if so, whether the order of the ITAT Bangalore in ITA No.826/BANG/2007 dated 8-5-2009 should be set aside. Assessee's Contention: The judgment does not record any specific contentions made by the assessee before the High Court. However, the ITAT's order, which is under challenge, presumably favored the assessee. The assessee would have likely argued for upholding the ITAT's decision. Revenue's Contention: The Revenue sought to formulate substantial questions of law and argued for setting aside the order of the ITAT, Bangalore, thereby confirming the orders of the lower authorities (Appellate Commissioner and Deputy Commissioner). The Revenue's primary aim was to overturn the ITAT's decision.

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 14TH DAY OF AUGUST 2012 PRESENT THE HON'BLE MR. JUSTICE K.SREEDHAR RAO AND THE HON'BLE MR. JUSTICE B.MANOHAR ITA No.490/2009 BETWEEN : 1 THE COMMISSIONER OF INCOME TAX C R BUILDING, QUEENS ROAD BANGALORE.

2 THE ASST.COMMISSIONER OF INCOME TAX, CIRCLE-11(5) C R BUILDING, QUEENS ROAD

BANGALORE. ..APPELLANTS (By Sri K V ARAVIND, ADV.) AND : SHRI N GOWRISHANKAR No.289, 7TH MAIN, 4TH BLOCK, JAYANAGAR, BANGALORE-560 011. ...RESPONDENT (By Sri R B KRISHNA, ADV.) This ITA filed u/S.260-A of I.T.Act, 1961 arising out of Order dated 8-5-2009 passed in ITA No.826/BANG/2007 by the ITAT, Bangalore, for the Assessment Year 2002-2003, praying that this Hon'ble Court may be pleased to:

2 i. formulate the substantial questions of law stated therein, ii. allow the appeal and set aside the order passed by the ITAT Bangalore in ITA No.826/BANG/2007, dated 8-5-2009 and confirm the order of the Appellate Commissioner confirming the order passed by the Deputy Commissioner of Income Tax, Circle- 3(1),Bangalore. This ITA coming on for final hearing this day, K.SREEDHAR RAO, J, delivered the following: JUDGMENT In view of the decision of the Supreme Court in the case of Guffic CHEM (P) Ltd, -vs- Commissioner of Income Tax & anr. reported in (2011) 332 ITR 602, the questions of law are answered against the revenue. Accordingly, the appeal is dismissed. Sd/- JUDGE Sd/- JUDGE bkm.

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