COMMISSIONER OF INCOME TAX vs SRI P SHYAMARAJU

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20TH 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.138 OF 2012

BETWEEN:

COMMISSIONER OF INCOME-TAX

CENTRAL, C.R. BUILDINGS,

QUEENS ROAD, BANGALORE.

ASSISTANT COMMISSIONER OF INCOME-TAX,

CIRCLE-(2)2,

BANGALORE.

... APPELLANTS (BY MR. E.I.SANMATHI, ADV.)

AND:

SRI P.SHYAMARAJU IV MAIN, NO.343, UPPER PALACE ORCHARDS, SADASHIVNAGAR, BANGALORE-80. ... RESPONDENT (MR. V.CHANDRASHEKAR, ADV.)

- - -

THIS I.T.A. IS FILED UNDER SECTION 260-A OF I.T.ACT, 1961, ARISING OUT OF ORDER DATED 06/01/2012 PASSED IN ITA NO.505/BANG/2010, FOR THE ASSESSMENT YEAR 2005-2006, PRAYING TO: I. DECIDE THE FOREGOING QUESTION OF LAW AND / OR SUCH OTHER QUESTIONS OF LAW AS MAY BE FORMULATED BY THE HON’BLE COURT AS DEEMED FIT. II. SET ASIDE THE ORDERS PASSED BY THE ITAT, BANGALORE IN ITA NO.505/BANG/2010 DATED 06/01/2012 PASSED BY THE ITA TRIBUNAL, “B” BENCH, BANGALORE FOR THE ASSESSMENT YEAR 2005-2006 IN THE INTEREST OF JUSTICE AND EQUITY.

THIS I.T.A. COMING ON FOR FINAL HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:

JUDGMENT

Mr. E.I.Sanmathi, learned counsel for the revenue.

Mr.V.Chandrashekar, learned counsel for the assessee.

This appeal under Section 260-A 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 2005-06. The appeal was admitted by a Bench of this Court vide order dated 01.08.2012 on the following substantial questions of law:

“1. When the joint warrant is issued in the name of one or more persons, whether an individual assessment could be made in law in view of provisions contained in Section 292CC (2) of the Income Tax Act? and

Whether the contra finding of the Tribunal is bad in law?

2(A). Whether the appellate order passed by the tribunal annulling the assessment concluded in the respondent-assessee’s case on account of issuance of joint- warrant is sustainable in terms of the subsequent Amendment involving insertion of Sec.292-CC in the Income Tax Act by the Finance Act 2012 with retrospective effect from 1-4-1976?”

We have heard the learned counsel for the parties.

For the reasons assigned by us in the Judgment passed today in ITA No.132/2012, the order passed by the Tribunal dated 06.01.2012 is hereby quashed.

Needless to state that all contentions of both the parties are kept open on merits of the matter.

In view of the fact that we have remitted the matter to the Tribunal, it is not necessary for us to answer the substantial questions of law framed in this appeal.

The Tribunal shall make an endeavor to dispose of the appeal within a period of six months from the date of receipt of copy of this order.

In the result, the appeal is disposed of.

Sd/- JUDGE

dn/- CT-HR

COMMISSIONER OF INCOME TAX vs. SRI P SHYAMARAJU