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

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ITA/74/2008HC KarnatakaKAHC01014801200805 September 2012Bench: B.MANOHAR,K.SREEDHAR RAO4 pages
AI SummaryDismissed

What did the High Court hold?

The High Court noted that the questions of law in these appeals were identical to those in previous, related appeals. In those previous appeals, the questions of law were decided against the revenue.

What were the facts?

The Commissioner of Income Tax filed appeals against the ITAT's orders for the Assessment Year 2003-04. The appeals concerned orders passed by the ITAT which had confirmed the orders of the Appellate Commissioner.

What were the issues?

The core issue was whether the substantial questions of law formulated in the appeals were to be answered in favor of the revenue or against it, based on previous rulings.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

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*

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