THE COMMISSIONER OF INCOME TAX vs. M/S CANFIN HOMES LTD

ITA 1070/2006 1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 19TH DAY OF JULY 2012 PRESENT: THE HON’BLE MR.JUSTICE K.SREEDHAR RAO AND THE HON’BLE MR.JUSTICE B.MANOHAR INCOME TAX APPEAL No.1070/2006 BETWEEN: 1. THE COMMISSIONER OF INCOME-TAX, C.R. BUILDING, QUEENS ROAD, BANGALORE. 2. THE DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE -11(1), BANGALORE. ... APPELLANTS (By Sri G KAMALADHAR, Adv.)

ITA 1070/2006 2 AND: M/S CANFIN HOMES LTD, NO.29/1, 1ST FLOOR, M.K.KRISHNA RAO ROAD, BASAVANAGUDI, BANGALORE – 560 004. ... RESPONDENT (By Sri S.PARTHASARATHI, Adv.) This ITA is filed u/S.260A of I.T.Act, 1961 arising out of Order dated 20-01-2006 passed in ITA No. 285/Bang/2005 for the Year 1999-00, 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 orders passed by the ITAT,Bangalore in ITA No. 285/Bang/2002 dated 20-01-2006 & confirm the order of the Appellate Commissioner by confirming the order passed by the Dy.Commissioner of Income Tax, Central Circle-11(2), Bangalore, in the interest of justice and equity. This Appeal coming on for hearing on this day, SREEDHAR RAO, J., delivered the following:

ITA 1070/2006 3 J U D G M E N T The ratio laid down by this Court in ITA No.801/2006 disposed of on 01.08.2011 squarely applies to the facts and questions of law involved in this appeal. Accordingly, this appeal is also disposed of, upholding the order of the Tribunal. The questions of law are answered against the Revenue. Sd/- JUDGE Sd/- JUDGE dh*