THE COMMISSIONER OF INCOME TAX vs. SHRI N PRASHANTH

PDF · subscribers
ITA/827/2008HC KarnatakaKAHC01036973200814 August 2012Bench: B.MANOHAR,K.SREEDHAR RAO2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court, 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, has answered the questions of law against the revenue. Consequently, the appeal filed by the revenue has been dismissed. The reasoning for this decision is directly based on the precedent set by the Supreme Court. The operative direction is the dismissal of the appeal. No issues were expressly left undecided.

What were the facts?

The Commissioner of Income Tax and the Deputy Commissioner of Income Tax (Appellants) have filed an appeal under Section 260-A of the Income Tax Act, 1961, against the order dated March 11, 2008, passed by the Income Tax Appellate Tribunal (ITAT), Bangalore Bench, in ITA No. 831/BNG/2007. The appeal pertains to the Assessment Year 2002-2003. The Appellants seek to set aside the ITAT's order and confirm the orders of the Appellate Commissioner and the Deputy Commissioner of Income Tax, Circle-3, Bangalore. The Respondent is Sri N Prashanth.

What were the issues?

1. Whether the substantial questions of law formulated in the appeal should be decided in favour of the revenue? The Appellants (Revenue) contend that the order passed by the ITAT, Bangalore, in ITA No. 831/BANG/2007, dated 11-03-2008, should be set aside, and the orders of the Appellate Commissioner and Deputy Commissioner of Income Tax, Circle - 3, Bangalore, should be confirmed. The specific grounds for this contention are not detailed in the provided judgment excerpt. The Respondent (Assessee) has not recorded arguments in this excerpt. The judgment refers to a Supreme Court decision in Guffic CHEM (P) Ltd. -vs- Commissioner of Income Tax & anr. reported in (2011) 332 ITR 602.

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.827/2008 BETWEEN : 1 THE COMMISSIONER OF INCOME TAX C R BUILDING, QUEENS ROAD BANGALORE

2 THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3 C R BUILDING, QUEENS ROAD BANGALORE. .. APPELLANTS (By Sri K V ARAVIND, ADV.) AND : SRI N PRASHANTH # 22/2, OPP BUGAL ROCK POLICE STATION 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 11-03-2008 passed in ITA No. 831/BNG/2007, 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. 831/BANG/2007, dated 11-03-2008 confirm the orders of the Appellate Commissioner and Deputy Commissioner of Income Tax, Circle - 3, 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.

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 →