M/S. JEANS KNIT PVT. LTD. vs. THE ASST. COMMISSIONER OF INCOME-TAX

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF OCTOBER 2020 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD I.T.A. NO.244 OF 2016 BETWEEN: M/S JEANS KNIT PVT. LTD., [A PRIVATE COMPANY LIMITED BY SHARES, INCORPORATED UNDER THE COMPANIES ACT, 1956] HAVING ITS OFFICES AT: NO.21, E1, II PHASE PEENYA INDUSTRIAL AREA BANGALORE - 560 058. ... APPELLANT (BY Mr. T. SURYANARAYANA RAO, ADV.,) AND: THE ASST. COMMISSIONER OF INCOME-TAX CIRCLE -11(5) BANGALORE - 560 075. ... RESPONDENT (BY Mr. JEEVAN J. NEERALGI AND Mr. E.I.SANMATHI, ADVS.) - - - THIS ITA IS FILED UNDER SECTION 260-A OF I.T. ACT, 1961 ARISING OUT OF ORDER DATED 27.11.2015 PASSED IN ITA NO.1105/BANG/2013 FOR THE ASSESSMENT YEAR 2008-09, PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO: (I) ADMIT THE INSTANT APPEAL TO ANSWER THE SUBSTANTIAL QUESTIONS OF LAW SET OUT IN PARA 23 ABOVE. (II) SET ASIDE IMPUGNED ORDER AT ANNEXURE-A PASSED BY THE ITAT, TO THE EXTENT DISMISSING ITA

2 NO.1105/BANG/2013 ON 27.11.2015 FOR ASSESSMENT YEAR 2008-09 AS FILED BY THE APPELLATE - ASSESSEE BEFORE THE TRIBUNAL AND PASS SUCH FURTHR AND OTHER ORDERS IN FAVOUR OF THE APPELLANT AS THIS HON'BLE COURT MAY DEEM FIT TO GRANT, IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTERESTS OF JUSTICE AND EQUITY. THIS ITA COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: JUDGMENT This appeal under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as the Act for short) has been preferred by the assessee. The subject matter of the appeal pertains to the Assessment year 2008-09. The appeal was admitted by a bench of this Court vide order dated 25.10.2018 on the following substantial questions of law: (i) Whether on the facts and circumstances of the case, tribunal erred in dismissing the appeal filed by the appellant holding the issues to be academic? (ii) Whether the Tribunal erred in not deciding all the grounds raised in appellant's appeal on merits by considering material and

3 submissions on record? 2. For the reasons assigned by us in the judgment passed today in I.T.A.Nos.559/2015, 571/2016 and 580/2016, the questions involved in these appeals are rendered academic. Therefore, the appeal is dismissed. Sd/- JUDGE Sd/- JUDGE ss