THE COMMISSIONER OF INCOME TAX, vs. M/S ITTI LTD

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ITA/888/2007HC KarnatakaKAHC01058754200714 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 14, 2012, decided the appeal based on its prior decision in ITA No. 462/2007 dated October 12, 2011. The Court held that in view of this previous ruling, the questions of law were answered against the Revenue. Consequently, the appeal filed by the Revenue was dismissed. The operative direction was the dismissal of the appeal. No issues were expressly left undecided.

What were the facts?

This is an appeal filed by the Commissioner of Income Tax and the Assistant Commissioner of Income Tax (the Revenue) against an order dated July 18, 2007, passed by the Income Tax Appellate Tribunal (ITAT), Bangalore. The ITAT's order was in relation to ITA No. 250/BANG/2006 for the Assessment Year 1999-2000. The ITAT had confirmed the order of the Appellate Commissioner, which in turn had confirmed the order of the Assistant Commissioner of Income Tax. The Revenue is seeking to set aside the ITAT's order.

What were the issues?

1. Whether the substantial questions of law stated in the appeal should be formulated and answered in favour of the Revenue, leading to the setting aside of the ITAT's order. The Revenue contended that the ITAT's order confirming the Appellate Commissioner's order, which confirmed the Assistant Commissioner's order, should be set aside. The Revenue argued for the allowance of the appeal and the confirmation of the Assistant Commissioner's order. The judgment does not record specific arguments from the Revenue regarding the substantive legal issues, but rather relies on a previous decision of the High Court. The Respondent (assessee) did not present arguments as the appeal was decided based on a prior ruling.

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.888/2007 BETWEEN : 1 THE COMMISSIONER OF INCOME TAX CENTRAL CIRCLE, C.R. BUILDING QUEENS ROAD, BANGALORE.

2 THE ASSISTANT COMMISSIOENR OF INCOME TAX, CIRCLE - 11(3) C R BUILDING, QUEENS ROAD, BANGALORE. ..APPELLANTS (By Sri K V ARAVIND, ADV.) AND : M/S ITTI LTD 1/5, SANTOSH COMPLEX ARMUGHAM CIRCLE BASAVANAGUDI BANGALORE – 560004. ...RESPONDENT (By Smt.VANI H, ADV.) This ITA filed u/S.260-A of I.T.Act, 1961 arising out of Order dated 18-07-2007 passed in ITA No. 250/BANG/2006 for the Assessment Year 1999-2000, 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. 250/BANG/2006 dated 18-07-2007 confirming the order of the Appellate Commissioner & confirm the Order passed by the Asst.Commissioner of Income Tax, Circle- 11(3), Bangalore. This Appeal coming on for final hearing this day, K.SREEDHAR RAO, J, delivered the following: JUDGMENT In view of the decision of this Court in ITA No.462/2007 DD 12.10.2011, the questions of law are answered against the revenue. Accordingly, the appeal is dismissed. Sri K S Ramabhadran, Advocate, is permitted to file power for the respondent. Sd/- JUDGE Sd/- JUDGE bkm.

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