THE COMMISSIONER OF INCOME TAX vs. M/S I T T I PVT LTD

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ITA/541/2007HC KarnatakaKAHC01059308200713 August 2012Bench: B.MANOHAR,K.SREEDHAR RAO2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court of Karnataka, in its judgment dated August 13, 2012, dismissed the appeal filed by the Revenue. The court's decision was based on a prior ruling by the same court in ITA No.462/2007, in the case of The Commissioner of Income Tax and another Vs. M/s.DSL Software Ltd., decided on October 12, 2011. Following this precedent, the High Court held that the question of law was answered against the revenue. Consequently, the appeal was dismissed. The operative direction was the dismissal of the appeal. No issues were expressly left undecided.

What were the facts?

The Commissioner of Income Tax and the Income Tax Officer (collectively referred to as the Revenue) filed an appeal under Section 260-A of the Income Tax Act, 1961, before the High Court of Karnataka. The appeal challenged an order dated January 18, 2007, passed by the Income Tax Appellate Tribunal (ITAT), Bangalore, in ITA No.462/BANG/2005. The ITAT's order had confirmed the order of the Appellate Commissioner, which in turn had set aside the order passed by the Income Tax Officer, Ward-11(2), Bangalore. The assessment year in question is 2001-02. The Revenue sought to have the ITAT's order set aside and the order of the Income Tax Officer restored.

What were the issues?

1. Whether the High Court should formulate substantial questions of law arising from the ITAT's order concerning the assessment year 2001-02. The Revenue contended that the appeal should be allowed, the order of the ITAT set aside, and the order of the Income Tax Officer confirmed, in the interest of justice and equity. The Revenue sought to have the substantial questions of law formulated by the court. The judgment does not record specific arguments made by the respondent assessee, M/s. I.T.T.I. Pvt. Ltd., nor does it detail the specific grounds or provisions that formed the basis of the ITAT's decision that the Revenue is challenging, beyond the general reference to the assessment year and the procedural history.

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, BANGALORE DATED THIS THE 13TH DAY OF AUGUST, 2012 PRESENT THE HON'BLE MR. JUSTICE K.SREEDHAR RAO AND THE HON'BLE MR. JUSTICE B.MANOHAR I.T.A. No.541 OF 2007 BETWEEN:- 1. The Commissioner of Income Tax, C.R. Building, Queens Road, Bangalore. 2. The Income Tax Officer, Ward – 11(2), C.R. Building, Queens Road, Bangalore Appellants (By Sri K.V. Prasad, Advocate) AND:- M/s. I.T.T.I. Pvt. Ltd., 1/5, Santosh Complex, Armugam Circle, Basavanagudi, Bangalore – 04. Respondent (By Smt. Vani H., Advocate)

2 This I.T.A. is filed U/s.260-A of I.T. Act, 1961 arising out of order dated 18.01.2007 passed in I.T.A.No.462/BANG/2005 for the Assessment Year 2001-02, praying that this Hon’ble Court may be pleased to (i) formulate the substantial questions of law stated therein and (ii) allow the appeal and set-aside the order of the ITAT, Bangalore in ITA No.462/BANG/2005 dated 18.01.2007 confirming the order of the Appellate Commissioner and confirm the order passed by the Income Tax Officer, Ward- 11(2), Bangalore, in the interest of justice and equity. This appeal is coming on for final hearing this day, SREEDHAR RAO, J., delivered the following: J U D G M E N T In view of decision of this court in I.T.A.No.462/2007 in the case of The Commissioner of Income Tax and another Vs. M/s.DSL Softward Ltd., decided on 12.10.2011, the question of law is answered against the revenue. Accordingly, the appeal is dismissed. Sd/- JUDGE Sd/- JUDGE NM*

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