THE COMMISSIONER OF INCOME TAX vs. SHRI N JAGANNATH

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ITA/491/2009HC KarnatakaKAHC01064068200914 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 are answered against the revenue. Consequently, the appeal filed by the revenue was dismissed. The operative direction is the dismissal of the appeal. No issues were expressly left undecided.

What were the facts?

This is an appeal filed by the Revenue (The Commissioner of Income Tax and the Assistant Commissioner of Income Tax) under Section 260-A of the Income Tax Act, 1961, against an order dated 08/05/2009 passed by the Income Tax Appellate Tribunal (ITAT), Bangalore Bench, in ITA No.829/BNG/2007. The appeal pertains to the Assessment Year 2002-2003. The Revenue seeks to set aside the ITAT's order, which had confirmed the order of the Appellate Commissioner and, in turn, confirmed the order passed by the Deputy Commissioner of Income Tax, Circle-3(1), Bangalore. The respondent is Shri N Jagannath.

What were the issues?

1. Whether the substantial questions of law stated in the appeal should be formulated. (Question of procedure/law) 2. Whether the order passed by the ITAT, Bangalore, in ITA No.829/BNG/2007, dated 08/05/2009, confirming the order of the Appellate Commissioner and the order of the Deputy Commissioner of Income Tax, Circle-3(1), Bangalore, should be set aside. (Question of law/mixed law and fact) Assessee's Arguments: The judgment does not record any specific arguments made by the assessee. The assessee is represented by Sri R B Krishna, Adv. Revenue's Arguments: The Revenue, represented by Sri K V Aravind, Adv., is appealing the ITAT's order. The specific grounds of appeal and the arguments presented by the Revenue are not detailed in this excerpt, beyond the prayer to set aside the ITAT's order.

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.491/2009 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 JAGANNATH No.67, ANNA POORNA HB SAMAJA ROAD BASAVANAGUDI BANGALORE. ...RESPONDENT (By Sri. R B KRISHNA, ADV.) This ITA filed u/S.260-A of I.T.Act, 1961 arising out of Order dated 08/05/2009 passed in ITA No.829/BNG/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.829/BANG/2007 dated 08/05/2009, confirming the order of the Appellate Commissioner and confirm 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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