PR. COMMISSIONER vs. M/S SUBEX LTD.,

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ITA/449/2016HC KarnatakaKAHC01042838201601 October 2021Bench: S.SUJATHA,RAVI V HOSMANI3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the substantial question of law was answered against the Revenue and in favour of the assessee. This was based on previous orders of the High Court in related appeals.

What were the facts?

The Revenue appealed against an ITAT order that granted relief to the assessee on additions made consequent to a Section 263 order. The Revenue argued that the ITAT order was not final as it was under challenge before the High Court.

What were the issues?

Whether the ITAT order granting relief was final when the Revenue had challenged a prior order that led to these additions. The court considered the impact of pending appeals on the finality of the ITAT's decision.

Which sections of the Income-tax Act were involved?

Section 260A,Section 263

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 01ST DAY OF OCTOBER, 2021

PRESENT

THE HON’BLE MRS.JUSTICE S.SUJATHA

AND

THE HON’BLE MR. JUSTICE RAVI V. HOSMANI

I.T.A.No.449/2016

BETWEEN :

1.

PR. COMMISSIONER OF INCOME TAX-VI, CENTRAL REVENUE BUILDINGS, QUEENS ROAD, BANGALORE-560 001.

2.

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 6(1)(2) BENGALURU.

...APPELLANTS

(BY SRI JEEVAN J. NEERALGI, ADV. A/W SRI T.N.C.SRIDHAR, ADV. FOR SRI E.I.SANMATHI, ADV.)

AND :

M/s SUBEX LTD., RMZ ECOWORLD, DEVARABISANAHALLI, OUTER RING ROAD, BANGALORE-560 037. PAN: AABCS 9255R.

…RESPONDENT

(BY SRI CHYTHANYA K.K., ADV.)

THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 01.04.2016 PASSED IN ITA NO.1165/BANG/2015, FOR THE ASSESSMENT YEAR 2008-2009. PRAYING TO

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DECIDE THE FOREGOING QUESTION OF LAW AND/OR SUCH OTHER QUESTIONS OF LAW AS MAY BE FORMULATED BY THE HON'BLE COURT AS DEEMED FIT & SET ASIDE THE APPELLATE ORDERS DATED 01.04.2016 THE ITAT, 'C' BENCH, BENGALURU IN ITA NO.1165/BANG/2015 FOR ASSESSMENT YEAR 2008-09.

THIS APPEAL HAVING BEEN HEARD AND RESERVED, COMING ON FOR PRONOUNCEMENT OF JUDGMENT, THIS DAY, S. SUJATHA, J., DELIVERED THE FOLLOWING:

J U D G M E N T

This appeal is filed by the Revenue under Section 260A of the Income Tax Act, 1961 [‘Act’ for short] challenging the order of the Income Tax Appellate Tribunal, “C” Bench, Bangalore ['Tribunal' for short] dated 01.04.2016 passed in ITA No.1165/Bang/2015 relating to the assessment year 2008-09.

2.

The appeal was admitted to consider the following substantial question of law: “[1] Whether on the facts and in the circumstances of the case, Tribunal is right in allowing relief to the assessee on the additions made consequent to order passed under Section 263 of the Act, when the order of the Tribunal dated 19.06.2015 has been

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assailed by the Revenue before this Hon’ble Court and has not reached the finality?”

In view of the order passed by this Court in ITA No.684/2015 and ITA No.378/2015, the substantial question of law is answered against the Revenue and in favour of the assessee.

In the result, appeal stands dismissed.

Sd/- JUDGE

Sd/- JUDGE

NC.

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