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HC-KAR NC: 2025:KHC:32613-DB ITA No. 165 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND
INCOME TAX APPEAL No.165 OF 2024 BETWEEN:
THE PR. COMMISSIONER OF INCOME TAX, AAYAKAR BHAVAN, PLOT No.5, EDC COMPLEX, PATTO PLAZA, PANAJI , GOA-403 001.
THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE -1(1), MANGALURU, PRESENT ADDRESS ACIT, CIRCLE, 1(1) AND TPS MANGALURU, II FLOOR, C R BUILDING, ANNEXE, ATTAVARA, MANGALURU 575 001. …APPELLANTS (BY SRI THIRUMALESH M., ADVOCATE) AND:
M/S KARNATAKA BANK LTD., CR BUILDING, ATTAVARA, MANGALURU , 575001, PAN AABCT5589K, REP. ITS MANAGER. …RESPONDENT (BY SMT. TANMAYEE RAJKUMAR, ADVOCATE)
Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:32613-DB ITA No. 165 of 2024
THE INCOME TAX APPEAL IS FILED UNDER SECTION 260- A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 08.02.2024 PASSED IN ITA No.878/BANG/2023, FOR THE ASSESSMENT YEAR 2004-05, PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE, ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL, BENGALURU IN ITA No. 878/BANG/2023 DATED 08.02.2024 FOR ASSESSMENT YEAR 2004-05 (ANNEXURE A) AND THE ORDER OF THE APPELLATE COMMISSIONER, CONFIRM THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1 (1) AND TPS, MANGALURU 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 K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE K. V. ARAVIND)
Heard Sri M. Thirumalesh, learned counsel appearing for the appellants-Revenue and Smt. Tanmayee Rajkumar, learned counsel appearing for the respondent-Assessee.
This appeal by the Revenue is directed against the order of the Income Tax Appellate Tribunal, Bengaluru (hereinafter referred to as the 'Tribunal'), in ITA No.878/Bang/2023, dated 8th February 2024, for the Assessment Year 2004-05.
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HC-KAR NC: 2025:KHC:32613-DB ITA No. 165 of 2024
The Revenue has raised the following substantial questions of law for consideration : 1. Whether the ITAT is justified in ignoring the fact that while verifying during the assessment proceedings as well as order giving effect the AO has noticed that the assessee has not effected the diminution in value of investment portfolio in the books of accounts. The assessee considered the market value for the purpose of valuation of investments only in those scrips where the value of investments has diminished and not in those scrips where the value of investments has appreciated, which is in violation of RBI Guidelines for classification and valuation of investments by banks dated 16-10-2000 and also contrary to CBDT Circular No.665 (F.No.201/3/92-ITA-II dated 05-10-1993)?
Whether the ITAT is justified in ignoring that the assessee ought to have netted off the depreciation against the appreciation in other investments?
Whether the ITAT is justified in not considering that in order to arrive at the real income for the income tax purpose, the assessee should follow suitable adjustments with suitable accounting practices as per section 145 of the IT Act as per Apex Court decision in the case of UCO Bank Vs. CIT reported in 240 ITR 355?
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HC-KAR NC: 2025:KHC:32613-DB ITA No. 165 of 2024
Whether ITAT is justified in not considering the fact that the Special Leave Petition to the Supreme Court filed by the Department on the decision of Hon'ble High Court of Karnataka on identical issue involved in the assessee's case for the AY 2008-09 is still pending and the decision can be made only after analysing the merits of that case?
At the outset, Smt. Tanmayee Rajkumar, learned counsel appearing for the respondent, submits that the Tribunal, in the impugned order, has followed its earlier order in the case of the assessee for the Assessment Year 2014-15 and has held the issues in favour of the assessee. It is further submitted that the substantial questions of law raised in the present appeal have already been answered by this Court in favour of the assessee in the case of Karnataka Bank Ltd. v. Assistant Commissioner of Income-tax, Circle 2(1) reported in [2013] 356 ITR 549 (Karnataka), relating to the Assessment Year 2004-05.
Sri M. Thirumalesh, learned Senior Standing Counsel appearing for the Revenue, opposing the submissions of the learned counsel for the respondent-assessee, submits that the assessee has claimed a deduction for diminution in the
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HC-KAR NC: 2025:KHC:32613-DB ITA No. 165 of 2024
value of investments, whereas the appreciation thereon has not been accounted for. He further submits that the Assessing Officer has held that depreciation, without netting it against the appreciation in other securities, is not permissible, and that this aspect has not been addressed by the Tribunal. It is also submitted that the earlier judgment of this Court did not deal with this issue, and, therefore, prays that the same be considered.
We have perused the impugned order passed by the Tribunal and the judgment of this Court in the case of Karnataka Bank Ltd. (supra). The Tribunal, in the impugned order, has extracted the grounds raised by the Revenue. The issue canvassed by the learned Senior Standing Counsel regarding netting of appreciation was not raised for consideration before the Tribunal. An issue not raised before the Tribunal cannot form the subject-matter of an appeal before this Court.
Insofar as the other questions are concerned, we find that they are squarely covered by the judgment of this Court in the case of Karnataka Bank Ltd. (supra). In view of
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HC-KAR NC: 2025:KHC:32613-DB ITA No. 165 of 2024
the said judgment, we find no reason to entertain the present appeal. Accordingly, the appeal is dismissed. However, it is open to the Revenue to avail of the remedy before the Tribunal, as may be permissible, for adjudication of the issue regarding netting of appreciation, in accordance with law.
Sd/- (S.G.PANDIT) JUDGE
Sd/- (K. V. ARAVIND) JUDGE
SMJ List No.: 1 Sl No.: 15