THE COMMISSIONER OF INCOME-TAX vs M/S. BHARATH BEEDI WORKS LTD.,

- 1 - IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 17TH DAY OF DECEMBER 2013 P R E S E N T THE HON’BLE MR. JUSTICE N. KUMAR A N D THE HON’BLE MRS. JUSTICE RATHNAKALA INCOME TAX APPEAL NO.798 OF 2007

BETWEEN:

THE COMMISSIONER OF INCOME-TAX, C.R. BUILDING, ATTAVARA, MANGALORE.

THE ASST. COMMISSIONER OF INCOME-TAX, CIRCLE - 2(1), MANGALORE.

... APPELLANTS

(BY SRI E. SANMATHI INDRAKUMAR, ADV.)

AND:

M/S. BHARATH BEEDI WORKS LTD., “BHARATH BAUGH”, KADRI ROAD, MANGALORE-575 003.

...RESPONDENT

(BY SRI S. PARTHASARATHI, ADV.)

THIS ITA IS FILED UNDER SEC.260-A OF I.T. ACT, 1961 ARISING OUT OF ORDER DATED 08-06- 2007 PASSED IN ITA NO.3769/BANG/2004 FOR THE

- 2 - ASSESSMENT YEAR 2001-2002, PRAYING THAT THIS HON'BLE 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.3769/BANG/2004 DATED 08-06-2007 & CONFIRM THE ORDER PASSED BY THE ASSESSING OFFICER, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL IS COMING ON FOR HEARING THIS DAY, N. KUMAR, J., DELIVERED THE FOLLOWING: -

JUDGMENT

The revenue has preferred this appeal against the order of the Tribunal in ITA No.3769/BANG/2004 dated 08.06.2007.

This Court in ITA No.2156/2005, in the case of very same assessee, has allowed the appeal and the matter is remanded back to the Tribunal for fresh consideration in accordance with law. Therefore, for the same reasons, this appeal is also liable to be allowed and remanded back to the Tribunal. Accordingly, the appeal is allowed and remanded to the Tribunal for fresh consideration in accordance with law.

- 3 -

Sri S.Parthasarathi, learned Counsel for the respondent is permitted to file vakalath within four weeks.

Sd/- JUDGE

nvj

THE COMMISSIONER OF INCOME-TAX vs. M/S. BHARATH BEEDI WORKS LTD.,