THE COMMISSIONER OF INCOME TAX vs. SRI C S SUNDER RAJU (HUF)

1 IN THE HIGH COURT OF KARNATAKA, BANGALORE DATED THIS THE 5TH DAY OF SEPTEMBER, 2012 PRESENT THE HON'BLE MR. JUSTICE K.SREEDHAR RAO AND THE HON'BLE MR. JUSTICE B.MANOHAR I.T.A. No.74 OF 2008 C/W. I.T.A. Nos.72 & 73/2008 I.T.A. No.74 OF 2008:- BETWEEN:- 1. The Commissioner of Income Tax, C.R. Building, Queens Road, Bangalore. 2. The Deputy Commissioner of Income Tax, Central Circle – 2(1), C.R. Building, Queens road, Bangalore. Appellants (By Sri M. Thirumalesh, Advocate) AND:- C.S. Sunder Raju (HUF), No.294, 15th Cross, Uppar Palace Orchards, Sadashivanagar, Bangalore. Respondent (By Sri A. Shankar & M. Lava, Advocates)

2 This I.T.A. is filed U/s.260-A of I.T. Act, 1961 arising out of order dated 07.09.2007 passed in I.T.A.No.1118/BNG/2006 for the Assessment Year 2003-04, praying that this Hon’ble Court may be pleased to (i) formulate the substantial questions of law stated therein and (ii) allow the appeal and set-aside the order passed by the ITAT, Bangalore in ITA No.1118/BNG/2006, dated 07.09.2007, confirming the order of the Appellate Commissioner and confirm the order passed by the Deputy Commissioner of Income Tax, Central Circle-2(1), Bangalore, in the interest of justice and equity. I.T.A. No.72 OF 2008:- BETWEEN:- 1. The Commissioner of Income Tax, C.R. Building, Queens Road, Bangalore. 2. The Deputy Commissioner of Income Tax, Central Circle – 2(1), C.R. Building, Queens road, Bangalore. Appellants (By Sri M. Thirumalesh, Advocate) AND:- A.S. Chinnaswamy Raju (HUF), No.294, 16th Cross, Uppar Palace Orchards, Sadashivanagar, Bangalore. Respondent (By Sri A. Shankar & M. Lava, Advocates)

3 This I.T.A. is filed U/s.260-A of I.T. Act, 1961 arising out of order dated 07.09.2007 passed in I.T.A.No.1116/BNG/2006 for the Assessment Year 2003-04, praying that this Hon’ble Court may be pleased to (i) formulate the substantial questions of law stated therein and (ii) allow the appeal and set-aside the order passed by the ITAT, Bangalore in ITA No.1116/BNG/2006, dated 07.09.2007 confirm the orders of the Appellate Commissioner and Deputy Commissioner of Income Tax, Central Circle-2(1), Bangalore, in the interest of justice and equity. I.T.A. No.73 OF 2008:- BETWEEN:- 1. The Commissioner of Income Tax, C.R. Building, Queens Road, Bangalore. 2. The Deputy Commissioner of Income Tax, Central Circle – 2(1), C.R. Building, Queens road, Bangalore. Appellants (By Sri M. Thirumalesh, Advocate) AND:- Smt. Revathi Raju, No.12, 10th Main Road, RMV Extension, Sadashivanagar, Bangalore. Respondent (By Sri A. Shankar & M. Lava, Advocates)

4 This I.T.A. is filed U/s.260-A of I.T. Act, 1961 arising out of order dated 07.09.2007 passed in I.T.A.No.1117/BNG/2006 for the Assessment Year 2003-04, praying that this Hon’ble Court may be pleased to (i) formulate the substantial questions of law stated therein and (ii) allow the appeal and set-aside the order passed by the ITAT, Bangalore in ITA No.1117/BNG/2006, dated 07.09.2007 confirm the orders of the Appellate Commissioner and Deputy Commissioner of Income Tax, Central Circle-2(1), Bangalore, in the interest of justice and equity. These appeals are coming on for final hearing this day, SREEDHAR RAO, J., delivered the following: J U D G M E N T The question of law involved in these cases and question of law involved in ITA No.38/2007 c/w. ITA Nos.60/2007 and 227/2007, D.D. 13.08.2012 are one and the same. In those cases, the questions of law are answered against the revenue. Accordingly, these appeals are dismissed. Sd/- JUDGE Sd/- JUDGE NM*