THE COMMISSIONER OF INCOME TAX vs. M/S.DHFL VYSYA HOUSING FINANCES LTD

1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 23RD DAY OF SEPTEMBER 2013

PRESENT

THE HON’BLE MR. JUSTICE DILIP B BHOSALE

AND

THE HON’BLE MR. JUSTICE B MANOHAR

ITA.NO.244/2013

BETWEEN

... APPELLANTS (BY SRI K V ARAVIND, ADV.,)

AND

M/S.DHFL VYSYA HOUSING FINANCES LTD NO.3, 8TH "A" MAIN ROAD JVT TOWERS, SAMPANGIRAMA NAGR, BANGALORE-560027

... RESPONDENT

(BY SRI S SARANGAN, SR. ADV., FOR SRI BALARAM R RAO,ADV.,)

THIS ITA FILED UNDER SEC.260-A OF I.T. ACT, 1961, ARISING OUT OF ORDER DATED 11/01/2013 PASSED IN ITA NO.1416/BANG/2010, FOR THE ASSESSMENT YEAR 1996-1997, PRAYING THIS HON'BLE COURT TO: I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED

2 THEREIN, II. ALLOW THE APPEAL AND SET ASIDE THE ORDER OF THE ITAT, BANGALORE IN ITA NO.1416/BANG/2010 DATED 11/01/2013 AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE ORDER PASSED BY THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-11(2), BANGALORE.

THIS ITA COMING ON FOR ADMISSION, THIS DAY, DILIP B. BHOSALE J. DELIVERED THE FOLLOWING:

PC:

On last occasion i.e., on 17.9.13, we passed the following order:

“We have heard learned counsel for the parties for some time and when we expressed that we are inclined to admit the appeal on the questions of law as formulated in paragraph-V, learned counsel for the respondent-Assessee, fairly submitted that instead of admitting and keeping the matter pending, the appeal may be heard and disposed of finally at the stage of admission.

Mr.Aravind, learned counsel for the appellants, also agreed for the same. In view thereof, we make it clear that the appeal will be heard on the questions of law as formulated in paragraph-V of the Memorandum of appeal on 23.09.2013.”

3 reasons for the order that we propose to pass, and they have agreed for the following order: a. The order dated 11.1.13 passed by the Income Tax Appellate Tribunal “B” Bench, (for short the ‘Tribunal’) Bangalore, in ITA No.1416/Bang/2010 is set aside and the matter is remanded to the Tribunal for deciding it afresh on all the issues except the issue of validity/question of re-opening of the assessment under Section 148 of the Income Tax Act, 1961, for the Assessment Year 1996-97.

b. It is open to the assessee as well as the appellants to raise all contentions as may be available in law before the Tribunal.

c. All contentions of the parties on all other issues, as aforementioned, are kept open.

The appeal is accordingly disposed of.

Sd/-

JUDGE

Sd/- JUDGE