COMMISSIONER OF INCOME TAX vs. M/S KRS ENTERPRISES PVT LTD

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

Dated this the 2nd day of March, 2015

Present

THE HON’BLE MR JUSTICE VINEET SARAN

THE HON’BLE MRS JUSTICE S SUJATHA

Income Tax Appeal 380 / 2014 Between 1 Commissioner of Income Tax

C R Building, Queens Road

Bangalore

2 Deputy Commissioner of Income Tax

Circle 11 (5)

Rashtrothana Bhavan

Nrupathunga Road

Bangalore

Appellants

(By Sri K V Aravind, Sr. SC),

And

M/s KRS Enterprises Pvt Ltd # 337/A, 18th Cross Upper Palace Orchards Sadashiva Nagar Bangalore 80

Respondent

Appeal is filed under S.260A of the Income Tax Act praying to set aside the orders passed by the Income Tax Appellate Tribunal, Bangalore in ITA 966/Bang/2013 on 4.4.2014 confirming the order of the Appellate Commissioner and confirm the order passed by the Deputy Commissioner of Income Tax, Circle 11(5), Bangalore.

Appeal coming on for Admission this day, Vineet Saran J, delivered the following:

JUDGMENT

The appeal is preferred by the Revenue challenging the order of the Tribunal holding that the income from building is income from business. The said question was considered by this Court at length in the case of Commissioner of Income Tax Vs M/s Velankani Information Systems (P) Ltd in ITA 273 – 276/2012 decided on 2.4.2013

The judgment rendered by the Tribunal is based on facts which are not disputed and therefore, the finding is legal and does not call for any interference.

No substantial question of law is involved in this appeal for consideration. Accordingly, appeal is dismissed.

Sd/- Judge

sd/-

Judge An