M/S RAJESH EXPORTS LTD., vs. THE ASST COMMISSIONER OF

Q: Which sections of the Income-tax Act were involved?

Section 260-A, Section 153A, Section 115JB

ITA/292/2019HC KarnatakaKAHC01034802201929 July 2021Bench: SATISH CHANDRA SHARMA,SACHIN SHANKAR MAGADUM3 pages

AI SummaryDismissed

What did the High Court hold?

The High Court granted the appellant three weeks' time as a last indulgence to cure defects in the appeal filing. It was stated that failure to do so would result in the appeal being dismissed without further reference to the Court.

What were the facts?

The appellant filed an Income Tax Appeal before the High Court challenging an order of the Income-tax Appellate Tribunal. The appeal raised several issues including the validity of search, notices under Section 153A, scope of assessment, and upholding of book profit under Section 115JB.

What were the issues?

The primary issue was the appellant's failure to cure defects in their appeal filing, leading to a potential dismissal. Substantial questions of law regarding search validity, assessment scope, and book profit were also raised.

Which sections of the Income-tax Act were involved?

Section 260-A,Section 153A,Section 115JB

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29TH DAY OF JULY 2021

PRESENT

THE HON' BLE MR. JUSTICE SATISH CHANDRA SHARMA

AND

THE HON' BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

INCOME TAX APPEAL NO. 292 OF 2019 BETWEEN

M/S RAJESH EXPORTS LTD., NO.4, BATAVIA CHAMBERS, KUMARA PARK ROAD, KUMARA PARK (EAST), BENGALURU-560 001.

REPRESENTED BY ITS CHAIRMAN, SRI.RAJESH J.MEHTA, AGED ABOUT 56 YEARS, SON OF SRI.JASWANTHRAI MEHTA

…APPELLANT/S (BY SRI.: RAGHU HULIKAL, ADVOCATE)

AND

THE ASST. COMMISSIOER OF INCOME-TAX, CENTRAL CIRCLE-1(2), CENTRAL REVENUE BUILDINGS, QUEENS ROAD, BENGALURU-560 074 ... RESPONDENT/S ..2

ITA NO.292/2019

The advocate for the appellant has filed the above ITA / Income Tax Appeal Under Sec.260-A of Income Tax Act 1961, arising out of order dated:27.11.2018 passed in ITA Nos.928 to 931/Bang/2017 & 174 to 176/Bang/2018, for the Assessment Year:2008-2009 to 2014-2015, praying this Hon’ble Court to:

(a) formulate the substantial questions of law stated above.

(b) Allow the appeal and set aside the common order of the Income-tax Appellate Tribunal, “C” Bench, Bengaluru dated 27.11.2018 (Annexure-A) to the extent of validity of search, Notice issued u/s 153A, Scope of Assessment u/s 153A, upholding book profit u/s 115JB and

(c) Pass such other suitable orders as this Hon’ble Court deems fit to grant on the facts and circumstances of the case in the interest of justice and equity.

This Income Tax Appeal coming on for orders this day, the Court made the following Order. …3

ITA NO.292/2019

3 THROUGH VIDEO CONFERENCING ORDER

Today also time is being sought to cure the defects.

By way of last indulgence, three weeks’ time as prayed for is granted failing which the appeal shall stand dismissed without reference to this Court.

List on 01.09.2021, only if the defects are cured in time. Sd/- JUDGE

Sd/- JUDGE

(Note : As per the note of scrutiny branch the counsel for appellant has not complied the office objections, as directed.)

COPY

Sd/-

ASSISTANT REGISTRAR

T By: SV R By: HKV C By: DS