M/S ESTEEM ROYALE vs. THE JOINT COMMISSIONER OF INCOME TAX (OSD)

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF MARCH 2021 PRESENT THE HON'BLE MR. JUSTICE ALOK ARADHE AND THE HON'BLE MR. JUSTICE ASHOK S. KINAGI I. T. A. NO.900 OF 2017 BETWEEN: M/S ESTEEM ROYALE REP. BY ITS PARTNER SRI. NARAIANDAS BODARAM No.32, 33 & 34, SNS CHAMBERS SANKEY ROAD BENGALURU - 560 080. … APPELLANT (BY MR. A. SHANKAR, SR. COUNSEL FOR MR. M. LAVA., ADVOCATE) AND: THE JOINT COMMISSIONER OF INCOME-TAX [OSD] CENTRAL CIRCLE - 1[4] C.R. BUILDINGS, QUEENS' ROAD BENGALURU - 560001 … RESPONDENT (BY MR. E.I. SANMATHI, ADVOCATE)

2 THIS ITA IS FILED UNDER SECTION 260-A OF I.T. ACT, 1961, ARISING OUT OF ORDER DATED 12.07.2017 PASSED IN CROSS OBJETION VIDE C.O.NO.61 TO 64/BANG/2016 ARISING OUT OF REVENUE APPEAL IN ITA Nos. 923 TO 296/BANG /2016, FOR THE ASSESSMENT YEAR 2008-09 TO 2010-12, VIDE ANNEXURE-A, PRAYING TO (A) FORMULATE THE SUBSTANTIAL QUESTION OF LAW AS STATED ABOVE AND ANSWER THE SAME IN FAVOUR OF THE APPELLANT. (B) ALLOW THE APPEAL FILED BY THE APPELLANT AGAINST THE COMMON ORDER PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BENGALURU BENCH, 'C' BENGALURU IN CROSS OBJECTION VIDE C.O.NOS. 61 TO 64/BANG/2016 ARISING OUT OF REVENUE APPEAL IN ITA Nos. 923 TO 926/BANG/2016 FOR THE ASSESSMENT YEARS 2008-09 TO 2012-12 DATED:17/07/2017 VIDE ANNEXURE -A.(C) TO PASS SUCH ORDERS, AS THIS HON'BLE COURT DEEMS FIT AND PROPER TO MEET THIS ENDS OF JUSTICS. THIS ITA COMING ON FOR HEARING THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: JUDGMENT Mr. A. Shankar, learned Senior counsel for the assessee. Mr. Sanmathi E. I., learned counsel for the Revenue.

3 2. This appeal under Section 260-A of the Income Tax Act, 1961, has been filed by the assessee against the judgment dated 12.07.2017 passed by the Income Tax Appellate Tribunal. The appeal pertains to the assessment years 2008-09 and 2012-13. This appeal was admitted by a Bench of this Court vide order dated 20.11.2018, on the following substantial questions of law: "1. Whether the Tribunal erred in law in dismissing the cross objection of the appellant on the ground that it has become infructuous on the facts and circumstances of the case? 2. Whether the Tribunal was justified in law in not adjudicating the grounds raised by the appellant, which is contrary to the provisions of Section 255[5] of the Income Tax Act on the facts and circumstances of the case?" 3. When the matter was taken up today, learned Senior counsel for the assessee submitted that in view of the decision in connected appeals namely ITA No.85/2018,

4 86/2018, 87/2018, 88/2018 and 89/2018, the issues involved in this appeal have been rendered academic. 4. Accordingly, the appeal is disposed of with liberty to revive the same in case occasion so arises. SD/- JUDGE SD/- JUDGE RD