SMT. UMA NITESH BERA vs. THE ASST. COMMISSIONER OF INCOME TAX

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ITA/58/2021HC KarnatakaKAHC01047648201920 February 2023Bench: P.S.DINESH KUMAR,RAMACHANDRA D. HUDDAR4 pages
AI SummaryRemanded

What did the High Court hold?

The High Court modified the ITAT's order, directing the CIT(A) to consider all grounds urged before the ITAT. Since the remand order was not disturbed, the questions of law were not answered.

What were the facts?

The assessee appealed to the High Court against an ITAT order. The ITAT had remanded the matter to the CIT(A) to consider the factual matrix regarding the issuance of a notice under Section 143(2). The assessee's grievance was that the ITAT had not considered other grounds of appeal.

What were the issues?

Whether the ITAT erred by not adjudicating all grounds of appeal and whether the assessment order was bad in law due to non-issuance of a notice under Section 143(2).

Which sections of the Income-tax Act were involved?

Section 143(2),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, BENGALURU B BENCH IN ITA

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ITA No. 58 of 2021

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2023 PRESENT THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR INCOME TAX APPEAL NO. 58 OF 2021

BETWEEN: SMT. UMA NITESH BERA AGED ABOUT 37 YEARS NO.25/1, 3RD FLOOR K.R.SHETTYPET, ANANDAPPA LANE AVENUE ROAD BENGALURU-560 002 PAN:AHZPB5658B …APPELLANT (BY SHRI. S. ANNAMALAI, ADVOCATE) AND: THE ASST. COMMISSIONER OF INCOME TAX CIRCLE-5(2)(1), BMTC BUILDING 80 FT ROAD, KORAMANGALA BENGALURU-560 040 …RESPONDENT

(BY SHRI. M. DILIP, STANDING COUNSEL FOR SHRI. K.V. ARAVIND SENIOR STANDING COUNSEL)

THIS ITA IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 21.06.2019 PASSED IN ITA NO.896/BANG/2018, FOR THE ASSESSMENT YEAR 2008-2009 PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW AS STATED THEREIN AND ANSWER THE SAME IN FAVOUR OF THE APPELLANT AND TO ALLOW THE APPEAL AND SET ASIDE THE FINDINGS TO THE EXTENT AGAINST THE APPELLANT IN THE COMMON ORDER PASSED BY

Digitally signed by YASHODHA N Location: HIGH COURT OF KARNATAKA

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ITA No. 58 of 2021

THE INCOME TAX APPELLATE TRIBUNAL, BENGALURU B BENCH IN ITA NO. 896/BANG/2018 DATED 21.06.2019 FOR THE ASSESSMENT YEAR 2008-2009 VIDE ANNEXURE-A AND ETC.

THIS ITA, COMING ON FOR FINAL HEARING, THIS DAY, P.S.DINESH KUMAR, J., DELIVERED THE FOLLOWING:

JUDGMENT This appeal by the Assessee challenging the order dated 21.06.2019 in ITA No.896/Bang/2018 passed by the ITAT1, "B" Bench, Bangalore, has been admitted to consider following questions of law: a) Whether the Tribunal ought to have adjudicated all the grounds of appeal raised by the Appellant and is not justified in adjudicating only one ground by holding that the other grounds are not argued and consequently passed a perverse order on the facts and circumstances of the case?

b) Whether the Tribunal ought to have held the notice under section 143(2) having not been issued, the same renders the assessment order bad in law and consequently passed a perverse order on the facts and circumstances of the case?

c) Whether the Tribunal ought to have held that the Appellant having duly declared the share transactions in the return of income, the invocation of provisions of section147 of the Act for the same is not warranted and consequently passed a perverse order on the facts and circumstances of the case?

1 Income tax Appellate Tribunal, Bengaluru Bench

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ITA No. 58 of 2021

2.

Heard Shri.S.Annamalai, learned advocate for the appellant-Assessee and Shri.M.Dilip, learned Standing Counsel for the respondent-Revenue.

3.

At the outset, Shri Annamalai submitted that the ITAT has remanded the matter to the CIT(A)2 to consider factual matrix with regard to issuance of notice under Section 143(2) of the Act3. His grievance is that ITAT has not considered other grounds. He prayed that CIT(A) may be directed to consider all the grounds urged before the ITAT.

4.

Shri Dilip for the Revenue has no objection.

5.

In view of the above, the following: ORDER i) Appeal is disposed of; ii) The order dated 21.06.2019 in ITA No.896/Bang/2018, passed by the ITAT, ‘B’ Bench, Bengaluru, is modified. The CIT(A) is directed to consider all the grounds urged before the ITAT;

2 Commissioner of Income Tax (Appeals) 3 Income Tax Act, 1961

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ITA No. 58 of 2021

iii) Since the remand order is not disturbed, the questions of law are not answered in this appeal.

No costs.

Sd/- JUDGE

Sd/- JUDGE

YN List No.: 1 Sl No.: 53

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