PR. COMMISSIONER OF vs. SHRI. JAGANNATH S SHETTY

PDF · subscribers
ITA/649/2016HC KarnatakaKAHC01047082201601 August 2017Bench: K.S.MUDAGAL,H.G.RAMESH2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court of Karnataka dismissed the appeal. The learned counsel for the appellants fairly submitted that the question raised in this appeal has already been answered against the appellants by this Court in the case of CIT v. Manjunatha Cotton And Ginning Factory [(2013) 359 ITR 565 (Karn)]. Based on this submission, the Court found no reason to entertain the appeal and accordingly dismissed it. The specific issue decided by the ITAT and the reasoning behind that decision are not detailed in this High Court judgment, as the appeal was disposed of based on a previous ruling by the same court. No specific operative directions were issued other than the dismissal of the appeal.

What were the facts?

The appellants, the Principal Commissioner of Income Tax-Mysuru and the Income Tax Officer, Ward-1, Mandya, have filed an appeal under Section 260-A of the Income Tax Act, 1961. The appeal challenges an order dated June 30, 2016, passed by the Income Tax Appellate Tribunal (ITAT), 'A' Bench, in ITA No. 723/Bang/2015. The assessment year in question is 2003-04. The respondent is Shri Jagannath S. Shetty, proprietor of M/s. Sagar Enterprises. The appeal was filed seeking formulation of substantial questions of law and setting aside the ITAT's order.

What were the issues?

1. Whether the Hon'ble High Court should formulate a substantial question of law for the assessment year 2003-04, arising from the ITAT's order in ITA No. 723/Bang/2015. The Revenue (appellants) contended that the appeal raises substantial questions of law and sought to set aside the ITAT's order. The judgment does not record specific arguments from the Revenue regarding the substantive legal issues. The Respondent (assessee) did not present any arguments as recorded in this judgment. The counsel for the appellants, however, made a submission regarding the question raised in the appeal.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

ITA No.649/2016

-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.649/2016

BETWEEN :

1.

PR.COMMISSIONER OF INCOME TAX-MYSURU

2.

THE INCOME TAX OFFICER WARD-1, MANDYA

...APPELLANTS

(BY SRI E.I.SANMATHI, ADVOCATE)

AND :

SHRI. JAGANNATH S. SHETTY M/S. SAGAR ENTERPRISES, V.V.ROAD, MANDYA P.A: ABNPS1154K

...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:30.06.2016 PASSED BY THE ITAT ‘A’ BENCH IN ITA NO.723/BANG/2015, FOR THE ASSESSMENT YEAR 2003-04.

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

ITA No.649/2016

-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 CIT v. Manjunatha Cotton And Ginning Factory [(2013) 359 ITR 565 (Karn)]. The appeal is accordingly dismissed.

Appeal dismissed.

Sd/-

JUDGE

Sd/-

JUDGE

More judgments on Section 260-A

All 2,570 judgments and leading authorities on Section 260-A →

Recent GST High Court judgments

Search GST case law →