COMMISSIONER OF INCOME TAX vs. M/S BUILDING A BETTER TOMORROW FOUNDATION

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ITA/1/2020HC KarnatakaKAHC01056092201918 October 2022Bench: P.S.DINESH KUMAR,T.G. SHIVASHANKARE GOWDA2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court acknowledged that the issue was covered by a prior ruling. The Revenue did not dispute the position of law presented by the assessee.

What were the facts?

The Revenue appealed an ITAT order concerning the assessment year 2018-2019. The assessee argued that the issue was covered by a previous High Court decision.

What were the issues?

Whether the issue in the appeal is covered by a previous binding precedent. The applicability of a prior judicial decision to the present case.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF OCTOBER, 2022 PRESENT THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR AND THE HON’BLE MR. JUSTICE T.G. SHIVASHANKARE GOWDA INCOME TAX APPEAL No.01/2020(T-IT) BETWEEN: COMMISSIONER OF INCOME TAX (EXEMPTIONS), UNITY BUILDING ANNEXE MISSION ROAD, BANGALORE - 560 027. ...APPELLANT

(BY SRI SANMATHI E I, STANDING COUNSEL)

AND:

M/s. BUILDING A BETTER TOMORROW FOUNDATION LEVEL 3, COMCORDE BLOCK UB CITY, No.24, VITTAL MALLYA ROAD BENGALURU. PAN:AADTB3451 H.

...RESPONDENT

(BY SMT. GEETHA RANI, ADVOCATE FOR SRI NARENDRA KUMAR JAYANTILAL JAIN, ADVOCATE,)

THIS I.T.A. IS FILED UNDER SECTION 260A OF THE INCOME TAX ACT 1961, ARISING OUT OF THE ORDER DATED 19/07/2019 PASSED IN ITA No.3364/BANG/2018, FOR THE ASSESSMENT YEAR 2018-2019 PRAYING TO DECIDE THE FOREGOING QUESTION OF LAW AND / OR SUCH OTHER QUESTIONS OF LAW AS MAY BE FORMULATED BY THE HON'BLE COURT AS DEEMED FIT AND ETC.

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

J U D G M E N T

Smt. Geetha Rani, learned Advocate for the respondent - Assessee submits that the issue involved in this appeal is covered by a decision in the case of Ola Foundation Economic Laws Practice Vs. CIT (E) in I.T.A. No. 169/2019 decided on 19.03.2021.

2.

To a pointed question by this Court, Sri. E.I. Sanmathi, learned Advocate for the appellant - Revenue does not dispute the position of law.

3.

In view of the above, the appeal stands dismissed. The questions of law are held against the Revenue and in favour of the Assessee.

No costs.

Sd/-

JUDGE

Sd/-

JUDGE

LRS.

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