THE COMMISSIONER OF INCOME TAX vs. M/S RASHTRIYA NAVA NIRMANA VEDIKE

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ITA/940/2007HC KarnatakaKAHC01051439200701 October 2012Bench: B.MANOHAR,K.SREEDHAR RAO2 pages
AI SummaryRemanded

What did the High Court hold?

The High Court, in view of its decision in a related appeal (ITA No. 941/2007), set aside the order of the Appellate Tribunal. Consequently, the matter was remanded to the Assessing Officer for fresh assessments. The respondent (assessee) was granted liberty to raise all contentions permitted in law during the fresh assessment proceedings. The specific findings or reasoning of the ITAT that led to the High Court's decision to set aside its order are not detailed in this judgment. No specific issues were expressly left undecided, as the matter was remitted for fresh adjudication.

What were the facts?

The Commissioner of Income Tax and the Assistant Director of Income Tax (Exemptions) filed an appeal under Section 260-A of the Income Tax Act, 1961, before the High Court of Karnataka. The appeal arose from an order dated June 26, 2007, passed by the Income Tax Appellate Tribunal (ITAT), Bangalore, in ITA No. 84/BNG/2005. The assessment year in question was 2001-2002. The appellants sought to set aside the ITAT's order, which had confirmed the orders of the Appellate Commissioner and the Assistant Director of Income Tax (Exemptions). The respondent in this appeal is M/s. Rashtriya Nava Nirmana Vedike.

What were the issues?

The High Court was asked to formulate substantial questions of law and allow the appeal to set aside the ITAT's order. The core issue revolved around the correctness of the ITAT's decision in confirming the orders of the lower authorities regarding the assessment for the Assessment Year 2001-2002. The appellants, the revenue, sought to uphold the assessment orders. The respondent, the assessee, presumably contested the assessment. The judgment does not explicitly detail the specific grounds of appeal or the arguments presented by each side, other than the general prayer of the revenue to set aside the ITAT's order.

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 1ST DAY OF OCTOBER, 2012 PRESENT THE HON'BLE MR. JUSTICE K.SREEDHAR RAO AND THE HON'BLE MR. JUSTICE B.MANOHAR I.T.A. No.940 OF 2007 BETWEEN:- 1. The Commissioner of Income Tax, Central Circle, C.R. Building, Queens Road, Bangalore. 2. The Assistant Director of Income Tax(Exemptions), Circle-17(2), C.R. Building, Queens Road, Bangalore. Appellants (By Sri K.V. Aravind, Advocate) AND:- M/s.Rashtriya Nava Nirmana Vedike, 6, 7, 8 VSK Printers, (Next to Police Station, Shankarmatt, Bangalore-04. Respondent (By Sri A. Shankar & Sri M. Lava, Advocates)

2 This I.T.A. is filed U/s.260-A of the I.T. Act, 1961 arising out of Order dated 26.06.2007 passed in ITA No.84/BNG/2005, for the Assessment Year 2001-2002, 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 passed by the ITAT Bangalore in ITA No.84/BNG/2005, dated 26.06.2007 confirm the orders of the Appellate Commissioner confirming the order passed by the Assistant Director of Income Tax (Exemptions), Circle-17(2), Bangalore. This appeal is coming on for final hearing this day, SREEDHAR RAO, J., delivered the following: J U D G M E N T M/s.A.Shankar and M.Lava takes notice for the respondent. In view of the decision of this Court in ITA No.941/2007, the order of the Appellate Tribunal is set aside. The matter is remanded to the Assessing Officer for fresh assessments. The liberty is given to the respondent to raise all the contentions permitted in law.

Sd/- JUDGE Sd/- JUDGE psg*

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