M/S. JEANS KNIT PVT LTD vs. THE ASST COMMISSIONER OF INCOME-TAX

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF OCTOBER 2020 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD I.T.A. NO.416 OF 2015 BETWEEN: M/S JEANS KNIT PVT. LTD., [A PRIVATE COMPANY LIMITED BY SHARES, INCORPORATED UNDER THE COMPANIES ACT, 1956] HAVING ITS OFFICE AT NO.21, E1, 2ND PHASE PEENYA INDUSTRIAL AREA BANGALORE - 560 058. ... APPELLANT (BY Mr. T. SURYANARAYANA RAO, ADV.,) AND: THE ASST. COMMISSIONER OF INCOME-TAX CIRCLE-11(5), BANGALORE. ... RESPONDENT (BY Mr. K.V. ARAVIND, ADV.) - - - THIS ITA IS FILED UNDER SECTION 260-A OF I.T. ACT, 1961 ARISING OUT OF ORDER DATED 17.04.2015 PASSED IN ITA NO.1382/BANG/2012 FOR THE ASSESSMENT YEAR 2007-08, PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO: (I) ADMIT THE INSTANT APPEAL TO ANSWER THE SUBSTANTIAL QUESTIONS OF LAW SET OUT IN PARA 22 ABOVE. (II) SET ASIDE THE IMPUGNED ORDER AT ANNEXURE A PASSED BY THE ITAT TO THE EXTENT DISMISSING ITA

2 NO.1382/BANG/2012 FOR ASSESSMENT YEAR 2007-08 AS FILED BY THE APPELLANT -ASSESSEE BEFORE THE TRIBUNAL & ETC., THIS ITA COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: JUDGMENT This appeal under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as the Act for short) has been preferred by the revenue. The subject matter of the appeal pertains to the Assessment year 2007-08. The appeal was admitted by a bench of this Court vide order dated 21.01.2019 on the following substantial questions of law: (i) Whether on the facts and circumstances of the case, Tribunal erred in dismissing the appeal filed by Appellant holding the issues to be academic? (ii) Whether the Tribunal erred in not deciding all the grounds raised in Appeal on merits by considering material and submissions on record?

3 2. For the reasons assigned by us in the judgment passed today in I.T.A.Nos.559/2015, 571/2016 and 580/2016, the questions involved in these appeals are rendered academic. Therefore, the appeal is dismissed. Sd/- JUDGE Sd/- JUDGE ss