THE COMMISSIONER OF INCOME TAX vs. SHRI H B DATAR
What did the High Court hold?
The High Court noted that no steps were taken to bring the legal heirs of the deceased legal heir on record within the prescribed time. Consequently, the appeal filed by the Revenue was dismissed as abated.
What were the facts?
The Income Tax Appellate Tribunal (ITAT) had passed an order in ITA No. 134/BANG/2002. The Revenue filed an appeal against this order. During the pendency of the appeal, the first respondent's legal heir also passed away.
What were the issues?
Whether the appeal filed by the Revenue can proceed when the legal heirs of a deceased party have not been brought on record within the stipulated time.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
- 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF APRIL 2015 PRESENT THE HON’BLE MR.JUSTICE N.K. PATIL AND
THE HON’BLE MRS.JUSTICE RATHNAKALA
I.T.A.NO.966/2006
BETWEEN:
1.THE COMMISSIONER OF INCOME TAX CENTRAL CIRCLE, C.R.BUILDING, QUEENS ROAD BANGALORE
2.THE JOINT COMMISSIONER OF OF INCOME INCOME TAX(ASST.) SPECIAL RANGE-6 C.R.BUILDING, QUEENS ROAD, BANGALORE.
... APPELLANTS
(BY SRI. G. KAMALADHAR, ADVOCATE)
AND
SHRI H B DATAR NO.19/1, SAI KRUPA BELLARY ROAD SADASHIVANAGAR BANGALORE
(DIED ON 10.3.2013)
- 2 - LRs OF DECEASED SRI.H.B.DATAR
MR. MANJUNATH H DATAR, S/O LATE H.B.DATAR AGED ABOUT 49 YEARS R/A NO.19/1, “SAIKRUPA” BELLARY ROAD, SADASHIVANAGAR, BANGALORE-560080. (ORDER DATED 16.10.2012)
SMT. PADMAJA KIRLOSKAR AGED ABOUT 63 YEARS KIRLOSKAR HOUSE, HEBBAL, KEMPAPURA, BANGALORE (ORDER DATED 6.1.2015)
SMT. KAVITHA KHER R/AT.201, BLOSOM VILLAGE, JAYAMAHAL ROAD, MILLERS ROAD, BANGALORE. (ORDER DATED 6.1.2015) ... RESPONDENTS
(LR 1, LR2, LEARNED COUNSEL APPEARING FOR THE RESPONDENT-3- SERVED AND UNREPRESENTED)
THIS ITA IS FILED U/S.260-A OF I.T.ACT, 1961 ARISING OUT OF ORDER DATED 23-12-2005 PASSED IN ITA NO. 134/BANG/2002, FOR THE ASSESSMENT YEAR 1997-98, PRAYING THAT THIS COURT MAY BE PLEASED TO:
I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN,
II. ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE ITAT BANGALORE IN ITA NO.
- 3 - 134/BANG/2002 DATED 23-12-2005 CONFIRMING THE ORDER OF APPELLATE COMMISSIONER & CONFIRM THE ORDER PASSED BY THE JOINT COMMNR.,OF INCOME TAX,(ASST.) SPECIAL RANGE- 6, BANGALORE, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, N.K.PATIL, J DELIVERED THE FOLLOWING:-
JUDGMENT The learned counsel appearing for the appellant submitted that Mr.Manjunath H Data (1st LR) the son of the assessee Late Sri. H.B. Datar is also reported to have died on 10.3.2013. His submission is placed on record. Till date, steps have not been taken to bring LRs of the deceased LR No.1 within the prescribed time. Hence, the appeal filed by the appellant is dismissed as abated.
Sd/-
JUDGE
Sd/-
JUDGE ra
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