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1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF MARCH, 2020
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
INCOME TAX APPEAL NO.143 OF 2014
BETWEEN:
THE COMMISSIONER OF INCOME - TAX
C.R.BUILDING,
QUEENS ROAD, BENGALURU.
THE ASST. COMMISSIONER OF INCOME – TAX, CIRCLE – 11(5), RASHTROTHANA BHAVAN, NRUPATHUNGA ROAD, BENGALURU. ... APPELLANTS
(BY SRI K.V.ARAVIND, ADV.)
AND:
M/S. KARNATAKA POWER CORPORATION LIMITED, “SHAKTHI BHAVAN”,.82,
RACE COURSE ROAD, BENGALURU – 560 001. ... RESPONDENT
(BY SRI A. SHANKAR, SR. ADV. FOR SRI LAVA M., ADV.)
THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED: 11.10.2013 PASSED IN ITA NO.711/BANG/2011, FOR THE ASSESSMENT YEAR 2007- 2008 PRAYING TO:
i. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE.
ii. ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE ITAT, BENGALURU IN ITA NO.711/BANG/2011 DATED 11.10.2013 AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE ORDER PASSED BY THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE – 11(5). BENGALURU.
THIS INCOME TAX APPEAL COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., MADE THE FOLLOWING: JUDGMENT
This appeal is filed under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’), by the Revenue, being aggrieved by the order dated 11.10.2013
3 passed by the Income Tax Appellate Tribunal, Bengaluru, in ITA.No.711/Bang/2011.
The following substantial questions of law are proposed for consideration in this appeal: “1. Whether on the facts and in the circumstances of the case, the tribunal was correct in holding that the assessee is entitled to deduction under section 80IA of the Act without setting off of the loss of loss-making units against the profits of the profit – making units, without taking into consideration that deduction is provided to the eligible business and not for an undertaking?
Whether on the facts and in the circumstances of the case, the tribunal was correct in holding that section 115JB was not applicable to the assessee in view of Explanation – 3 to section 115JB without appreciating that the amendment is applicable only with effect from 1.4.2013 relevant Assessment year 2013 – 14?
Whether on the facts and in the circumstances of the case the Tribunal was correct in accepting the additional ground raised regarding applicability of section 115JB without appreciating that the assessee has neither raised the issue before he Assessing officer or before the Appellate Commissioner and the assessee itself in it’s return of income has admitted the applicability of section 115JB of the Act?”
When the matter is taken up today, learned counsel for the parties submitted that the proposed substantial question of law No.1 has been already answered by a Division Bench of this Court vide judgment dated 19.01.2015 in I.T.A.No.778/2009, whereas, substantial question of law No.2 is answered by another Division Bench of this Court vide judgment dated 16.01.2020 in ITA.No.18/2014. Accordingly, substantial question of law No.3 does not survive.
5 4. In view of the preceding analysis, no substantial questions of law arise for consideration in this appeal. Accordingly, this appeal is dismissed.
Sd/- JUDGE
Sd/- JUDGE
nvj