PR. COMMISSIONER OF INCOME TAX vs. THE BANGALORE CITY

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ITA/511/2016HC KarnatakaKAHC01044604201601 August 2017Bench: K.S.MUDAGAL,H.G.RAMESH2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court of Karnataka, in its judgment, noted that the learned counsel for the appellants fairly submitted that the question raised in the present appeal has already been answered against the appellants by this Court in the case of Karnataka Bank Ltd. v. Asst. CIT [(2013)356 ITR 549 (Karn)]. Based on this submission, the Court found no reason to entertain the appeal further. Consequently, the appeal was dismissed. The specific issue decided in Karnataka Bank Ltd. v. Asst. CIT is not detailed in this judgment, but it is the precedent that governs the present appeal. No specific operative directions were issued as the appeal was dismissed.

What were the facts?

The appellants, the Principal Commissioner of Income Tax-5 and the Assistant Commissioner of Income Tax Officer, Circle 5(2)(1), Bangalore, have filed an appeal under Section 260-A of the Income Tax Act, 1961, against the appellate order dated 30.12.2015 passed by the Income Tax Appellate Tribunal (ITAT) in ITA No.1314/Bang/2015. The appeal pertains to the Assessment Year 2012-13. The respondent is The Bangalore City Co-operative Bank Ltd. The High Court of Karnataka is hearing this appeal.

What were the issues?

1. Whether the ITAT's order dated 30.12.2015 for Assessment Year 2012-13 is sustainable in law? The appellants' contention is that the question raised in this appeal has been answered against them by this Court in the case of Karnataka Bank Ltd. v. Asst. CIT [(2013)356 ITR 549 (Karn)]. The revenue has not presented any arguments beyond this submission by the learned counsel for the appellants.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

ITA No.511/2016

-1-

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 1ST DAY OF AUGUST 2017

PRESENT

THE HON’BLE MR. JUSTICE H.G.RAMESH

AND

THE HON’BLE MRS. JUSTICE K.S.MUDAGAL

INCOME TAX APPEAL NO.511/2016

BETWEEN :

1.

PR.COMMISSIONER OF INCOME TAX-5 BMTC COMPLEX KORMANGALA

BENGALURU

2.

ASSISTANT COMMISSIONER OF INCOME TAX OFFICER, CIRCLE 5(2)(1), BANGALORE

...APPELLANTS

(BY SRI SANMATHI.E.I., ADVOCATE)

AND :

THE BANGALORE CITY CO-OPERATIVE BANK LTD. NO.3, PAMPA MAHAKAVI ROAD CHAMRAJPET BENGALURU PAN: AAAAT4831H

...RESPONDENT

THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF I.T.ACT, 1961 PRAYING TO FORMULATE SUBSTANTIAL QUESTION OF LAW AND TO SET ASIDE THE APPELLATE ORDER DATED:30.12.2015 PASSED BY THE ITAT IN ITA NO.1314/BANG/2015, FOR THE ASSESSMENT YEAR 2012-13.

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

ITA No.511/2016

-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 Karnataka Bank Ltd. v. Asst. CIT [(2013)356 ITR 549 (Karn)]. The appeal is accordingly dismissed.

Appeal dismissed.

Sd/-

JUDGE

Sd/-

JUDGE

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