THE COMMISSIONER OF INCOME TAX vs. M/S KARNATAKA POWER CORPORATION LTD

1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 06TH DAY OF JUNE 2012 PRESENT THE HON'BLE MR. JUSTICE D.V.SHYLENDRA KUMAR AND THE HON'BLE MR. JUSTICE B.MANOHAR ITA No.96/2010 BETWEEN: 1 THE COMMISSIONER OF INCOME TAX C R BUILDING QUEENS ROAD BANGALORE.

2 THE ASST. COMMISSIONER OF

INCOME TAX, CIRCLE 11(5) C R BUILDING, QUEENS ROAD BANGALORE. ...APPELLANTS (BY SRI: K V ARAVIND, ADVOCATE) AND: M/S KARNATAKA POWER CORPORATION LTD SHAKTI BHAVAN, NO.32 RACE COURSE ROAD BANGALORE. ...RESPONDENT (BY SRI: A SHANKAR, ADVOCATE) THIS ITA FILED UNDER SECTION 260-A OF THE

2 INCOME TAX ACT, 1961, ARISE OUT OF ORDER DATED 9.10.2009 PASSED IN ITA NO.548/BNG/2006 FOR THE ASSESSMENT YEAR 2003-04 PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW AND TO ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY the ITAT, BANGALORE, IN ITA NO.548/BNG/2006 DATED 9.10.2009 CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-11(5), BANGALORE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS ITA COMING ON FOR ORDERS THIS DAY, D.V.SHYLENDRA KUMAR, J., MADE THE FOLLOWING: O R D E R Mr.A.Shankar, learned counsel, takes notice for the respondent. Service is complete. 2. The appeal is taken up for disposal as requested by the learned counsel for the appellants and Sri.A.Shankar, learned counsel for the respondent. 3. Mr.Aravind, learned standing counsel for the Department, submits that six questions involved in this appeal was examined by this Court and answered in ITA No.95/2010 as per the

3 judgment dated 22nd June 2011 and had allowed the appeal, after setting aside the order of the Tribunal and remanded the matter to the Tribunal for re-consideration of the appeal as the Tribunal had disposed of the appeal only on a technical ground without going to the merits of the matter. 4. Sri.Shankar, learned counsel for the Revenue, does not dispute this fact and graciously submits that this matter can also be remanded to the Tribunal. 5. In the circumstances, the appeal is allowed and the questions are answered in terms of the judgment dated 22nd June 2011 passed in ITA No.95/2010 and the matter is remanded to the Tribunal. 6. Two weeks’ time is granted to

4 Sri.A.Shankar to file vakalath for the respondent in the Registry. Sd/- JUDGE Sd/- JUDGE KM