THE COMMISSIONER OF INCOME TAX vs. M/S BANGALORE CREDIT

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ITA/499/2014HC KarnatakaKAHC01042493201410 March 2015Bench: S.SUJATHA,VINEET SARAN2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that no substantial questions of law arise in this appeal. This conclusion was reached because the learned counsel for the appellants (Revenue) did not dispute the position that the questions involved in the present appeal were already covered and answered by the High Court's previous judgment in ITA NO.5006/2013 dated 05.02.2014, in the case of The Commissioner of Income Tax –vs- Sri Biluru Gurubasava Pattina Sahakari Sangha Niyamitha, Bagalkot. Consequently, the appeal was dismissed on the grounds that it did not present any new or substantial questions of law for adjudication. 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 Income-Tax Officer (appellants) against M/s. Bangalore Credit Co-operative Society Ltd. (respondent). The appeal arises out of an order dated July 11, 2014, passed in ITA No. 1454/Bang/2012 by the Income Tax Appellate Tribunal (ITAT), Bangalore Bench. The assessment year in question is 2008-09. The appellants' counsel acknowledged that the questions involved in this appeal are covered by a previous judgment of the High Court in the case of The Commissioner of Income Tax vs. Sri Biluru Gurubasava Pattina Sahakari Sangha Niyamitha, Bagalkot, dated February 5, 2014.

What were the issues?

1. Whether substantial questions of law arise in this appeal, given that the issues are covered by a previous High Court judgment? (Question of law, turning on the principles of res judicata and precedent). Assessee's Contentions: The judgment does not record any specific contentions from the assessee. The respondent is M/s. Bangalore Credit Co-operative Society Ltd. Revenue's Contentions: The revenue, represented by the Commissioner of Income-Tax and the Income-Tax Officer, argued that the questions involved in this appeal are covered and answered by the High Court's judgment in the case of The Commissioner of Income Tax –vs- Sri Biluru Gurubasava Pattina Sahakari Sangha Niyamitha, Bagalkot, dated 05.02.2014. The revenue's counsel did not dispute this position.

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 10TH DAY OF MARCH 2015

PRESENT

THE HON'BLE MR. JUSTICE VINEET SARAN

AND

THE HON’BLE MRS. JUSTICE S.SUJATHA

ITA NO.499/2014

BETWEEN:

1.

THE COMMISSIONER OF INCOME-TAX

C.R.BUILDING, QUEENS ROAD,

BANGALORE.

2.

THE INCOME-TAX OFFICER

WARD-4(1)

UNITY BUILDING ANNEXE

MISSION ROAD,

BANGALORE-560 027. …APPELLANTS

(BY SRI K.V.ARAVIND, ADV.,)

AND:

M/S. BANGALORE CREDIT CO-OPERATIVE SOCIETY LTD., NO.723, 10TH MAIN, 4TH BLOCK, JAYANAGAR, BANGALORE-560 011. …RESPONDENT

THIS ITA IS FILED UNDER SECTION 260-A OF I.T. ACT, 1961, ARISING OUT OF ORDER DATED 11.07.2014 PASSED IN ITA NO.1454/BANG/2012, FOR THE ASSESSMENT YEAR 2008-09.

THIS ITA COMING ON FOR ADMISSION THIS DAY, VINEET SARAN J. DELIVERED THE FOLLOWING:

JUDGMENT

We have heard Sri K.V.Aravind, learned counsel for the appellants. The questions involved in this appeal are covered and answered by the judgment of this Court in ITA NO.5006/2013 dated 05.02.2014 in the case of The Commissioner of Income Tax –vs- Sri Biluru Gurubasava Pattina Sahakari Sangha Niyamitha, Bagalkot.

2.

Learned counsel for the appellants does not dispute this position. As such, we are of the view that no substantial questions of law arise in this appeal as the same have been already answered in the aforesaid case. The appeal is dismissed.

Sd/-

JUDGE

Sd/-

JUDGE

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