M/S GREEN AGRO PACK(P)LTD., vs THE COMMISSIONER OF INCOME TAX

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12TH DAY OF MARCH 2020

PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE

AND

THE HON’BLE MR. JUSTICE M. NAGAPRASANNA

I.T.A.No.183/2011

BETWEEN:

M/s GREEN AGRO PACK (P) LTD., No.2821, HAL II STAGE, 6TH CROSS, 18TH MAIN, BANGALORE-560008 REP. BY ITS M.D. B.M.DEVAIAH.

… APPELLANT

(BY SRI K.P.KUMAR, SENIOR ADV. A/W SRI ATUL K. ALUR, ADV.)

AND:

THE COMMISSIONER OF INCOME TAX C.R.BUILDING, QUEENS ROAD, BANGALORE

THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 11(3), KORAMANGALA BANGALORE.

… RESPONDENTS

(BY SRI E.I.SANMATHI, ADV. FOR SRI K.V.ARAVIND, ADV.)

THIS ITA IS FILED UNDER SECTION 260-A OF I.T.ACT, 1961 ARISING OUT OF ORDER DATED 08.04.2011 PASSED IN ITA No.675/BANG/2010 FOR THE ASSESSMENT YEAR

2 2004-05, PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN AND ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE INCOME TAX APPELLATE TRIBUNAL IN ITA No.675/BANG/2010 DATED 08.04.2011.

THIS APPEAL COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:

JUDGMENT

This appeal has been filed by the assessee under Section 260-A of the Income Tax Act, which is admitted on following substantial questions of law:- “a. Whether on the facts and circumstances on case the Tribunal was justified in treating the insurance and staff loan is not in connection with business as provided u/s. 10-B of the I.T. Act?

b. Whether on the facts and circumstances of the case the Tribunal was right in coming to the conclusion that interest earned on staff loans and fines collected from

3 the staffs as a income from other source instead of business income?

c. Whether on the facts and circumstances of the case the Tribunal was right in treating the Insurance claimed received the extent of Rs.5,23,298-00 as a income from other source against the loss of assets/properties and directly not attributable to the business.”

When the matter is taken up for hearing today, the learned counsel for the parties jointly submitted that the controversy involved in the instant appeal is squarely covered by the decision of this Court in ITA No.230/2008, dated 25.08.2014, in the case of the assessee itself.

In view of the aforesaid submissions and for the reasons assigned in ITA No.230/2008, the substantial questions of law are answered in favour

4 of the assessee and against the revenue. In the result, the appeal is allowed.

Sd/- JUDGE

PMR.

M/S GREEN AGRO PACK(P)LTD., vs. THE COMMISSIONER OF INCOME TAX