THE COMMISSIONER OF INCOME TAX vs. M/S COMFUND FINANCIAL SERVICES P LTD

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ITA/117/2007HC KarnatakaKAHC01016238200701 April 2013Bench: B.MANOHAR,N.KUMAR3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court noted the submission that the appeal had become infructuous due to a prior remand order. Consequently, the court dismissed the appeal.

What were the facts?

The appeal was filed by the Commissioner of Income Tax against an order of the ITAT. The parties submitted that the matter had been remanded to the Assessing Officer for fresh consideration in a previous reference.

What were the issues?

Whether the appeal had become infructuous due to a prior remand order by the ITAT.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

Dated this the 1st day of April, 2013 PRESENT

THE HON’BLE MR. JUSTICE N KUMAR

AND

THE HON’BLE MR. JUSTICE B. MANOHAR

ITA No. 117 OF 2007

BETWEEN:

1 The Commissioner of Income Tax Central Circle C R Building Queens Road Bangalore

2 The Deputy Commissioner of Income Tax Company Circle –4(2) C R Building Queens Road Bangalore

…Appellants

(By Sri K.V. Arvind, Advocate)

AND:

M/s. Comfund Financial Services P. Ltd., Raheja Towers, West Wing

2 26-27, M.G. Road Bangalore – 560 001

…Respondent

(By Sri S. Parthasarathi, Advocate)

This ITA filed under Section 260A of I.T. Act 1961 arising out of order dated 14-07-2006 passed in ITA No.1432/Bang/2003 for the Assessment year 1993-94, praying 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.1432/Bang/2003 dated 14-07-2006 confirming the order of the Appellate Commissioner and confirm the order passed by the Deputy Commissioner of Income-Tax, Company Circle-4(2), Bangalore.

This ITA coming on for hearing this day, N. KUMAR J., delivered the following:

J U D G M E N T

The learned Counsel appearing for the parties submitted that in view of the order dated 07.12.2007 in ITRC No.49/2000, where, after allowing the reference, the matter was remanded to the Assessing Officer for fresh consideration and this appeal has become infructuous.

3 2.

The said submission is placed on record. Appeal is dismissed as having become infructuous.

Sd/- JUDGE

Sd/- JUDGE

ksp/-

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