THE COMMISSIONER OF INCOME TAX vs. SHRI T V MUKUND

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ITA/830/2008HC KarnatakaKAHC01036980200814 August 2012Bench: B.MANOHAR,K.SREEDHAR RAO2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court of Karnataka, 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, answered the questions of law against the revenue. Consequently, the appeal filed by the Revenue was dismissed. The judgment does not specify the exact questions of law that were considered or the specific reasoning of the Supreme Court in Guffic Chem (P) Ltd. that was applied, other than stating that it was decided against the revenue. No specific operative directions were given beyond dismissing the appeal.

What were the facts?

This appeal was filed by the Commissioner of Income Tax and the Assistant Commissioner of Income Tax (the Revenue) against an order dated March 11, 2008, passed by the Income Tax Appellate Tribunal (ITAT), Bangalore, in ITA No. 914/BANG/2007. The appeal pertains to the Assessment Year 2002-03. The Revenue sought to set aside the ITAT's order and confirm the orders of the Appellate Commissioner and the Assistant Commissioner. The respondent is Shri T.V. Mukund. The High Court of Karnataka was to consider substantial questions of law formulated in the appeal.

What were the issues?

1. Whether the High Court should formulate substantial questions of law in this appeal filed under Section 260-A of the Income Tax Act, 1961. Assessee's Contention: The judgment does not record any specific contentions made by the assessee. Revenue's Contention: The Revenue contended that the ITAT's order should be set aside, and the orders of the lower authorities should be confirmed. The Revenue sought to formulate substantial questions of law. The Revenue relied on the fact that the appeal was filed under Section 260-A of the Income Tax Act, 1961, which requires substantial questions of law to be formulated.

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.830/2008 BETWEEN : 1 THE COMMISSIONER OF INCOME TAX C R BUILDING, QUEESNS ROAD BANGALORE.

2 THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE-3(1) C R BUILDING, QUEENS ROAD

BANGALORE. .. APPELLANTS (By Sri K V ARAVIND, ADV.) AND : SHRI T V MUKUND C/O TRUST PACK, 2/1, 3RD CROSS MYSORE ROAD BANGALORE. ...RESPONDENT

This ITA filed u/S.260-A of I.T.Act, 1961 arising out of Order dated 11-03-2008 passed in ITA No. 914/BANG/2007 passed by the ITAT, Bangalore, for the Assessment Year 2002-03, praying that this Hon'ble Court may be pleased to: i. formulate the substantial questions of law stated therein,

2 ii. allow the appeal and set aside the order passed by the ITAT Bangalore in ITA No. 914/BANG/2007,dated 11-03-2008 confirm the orders of the Appellate Commissioner and confirm the order passed by the Assistant Commissioner of Income tax,Circle- 3(1),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.

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