THE PR. COMMISSIONER OF INCOME TAX vs. M/S CONCORDE HOUSING CORPORATION PVT LTD

- 1 -

NC: 2024:KHC:41202-DB ITA No. 275 of 2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2024 PRESENT THE HON'BLE MR JUSTICE S.G.PANDIT AND THE HON'BLE MR JUSTICE C.M. POONACHA INCOME TAX APPEAL NO. 275 OF 2023 BETWEEN:

AND:

M/S CONCORDE HOUSING CORPORATION PVT LTD NO. 46/A, CONCORDE GROUP 1ST MAIN, III PHASE, J.P.NAGAR, BENGALURU 5660078 PAN. AADCC4087F. …RESPONDENT (BY SRI. RAVI SHANKAR S V.,ADVOCATE)

THIS ITA / INCOME TAX APPEAL IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, PRAYING TO FORMULATE THE

Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA

- 2 -

NC: 2024:KHC:41202-DB ITA No. 275 of 2023

SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE, ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL, BENGALURU IN ITA NO.700/BANG/2022 DATED 06.12.2022 FOR ASSESSMENT YEAR 2017-2018 ANNEXURE D AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRLCE 1(4), BENGALURU AND ETC.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE S.G.PANDIT and HON'BLE MR JUSTICE C.M. POONACHA

ORAL JUDGMENT (PER: HON'BLE MR JUSTICE S.G.PANDIT)

Heard the learned counsel Sri. Dilip. M. along with Sri Raviraj Y.V., for appellants/Revenue and learned counsel Sri. Ravi Shankar. S.V., learned counsel for the respondent/assessee.

- 3 -

NC: 2024:KHC:41202-DB ITA No. 275 of 2023

“1. Whether on the facts and in the circumstances of the case, the Tribunal’s order can be said as perverse as Tribunal has allowed the appeal preferred by assesse by treating it as consequential on the basis of its decision for A.Y.2013-14 when the decision for said year has not reacted finality? 2. Whether on the facts and circumstances of the case, the Tribunal is right in allowing consequential relief to the assesse when its earlier order passed for A.Y.2013-14 is self contradictory as therein the Tribunal has held that the issue to be debatable and that assessing officer could not have rectified the assessment order for A.Y.2013-14 but at the same time allowed the appeal of the assesse by holding that the assessing officer should have rectified the assessment order on basis of rectification application filed by assesse? 3. Whether on the facts and in the circumstances of the case, the Tribunal is right in law in setting aside order passed under section 154 r/w/s 143(3) of the Act

- 4 -

NC: 2024:KHC:41202-DB ITA No. 275 of 2023

dated 30.07.2021 when the conditions set out in section 154 are fully satisfied in facts of present case and additions made in said order are in accordance with provisions of the Act?”

- 5 -

NC: 2024:KHC:41202-DB ITA No. 275 of 2023

counsel for the revenue. However, the question of law is kept open to be adjudicated in an appropriate proceeding.

Sd/- (S.G.PANDIT) JUDGE

Sd/- (C.M. POONACHA) JUDGE

BS List No.: 4 Sl No.: 35