COMMISSIONER OF INCOME TAX-III vs. M/S. BANGALORE HOUSING DEVELOPMENT & INVESTMENTS
What did the High Court hold?
The Court dismissed the appeals as withdrawn based on a memo filed. This means the appeals were not decided on their merits.
What were the facts?
The Commissioner of Income Tax filed appeals against the orders of the Income Tax Appellate Tribunal. The appeals were filed under Section 260A of the Income Tax Act, 1961. The respondent is M/s. Bangalore Housing Development & Investments.
What were the issues?
The appeals were filed challenging the orders of the ITAT. However, the specific legal issues were not adjudicated as the appeals were withdrawn.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ON THE 11TH DAY OF DECEMBER, 2018
BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH
AND
THE HON'BLE MR. JUSTICE K. NATARAJAN
INCOME TAX APPEAL NO.369 OF 2010 CONNECTED WITH INCOME TAX APPEAL NO.399 OF 2013 AND INCOME TAX APPEAL NO.398 OF 2013
IN I.T.A. NO.369 OF 2010:
BETWEEN:
COMMISSIONER OF INCOME TAX C.R. BUILDINGS,
QUEENS ROAD, BENGALURU.
ASSISTANT COMMISSIONER OF
INCOME TAX, CENTRAL CIRCLE 2(3), BENGALURU.
... APPELLANTS
(BY SRI E.I. SANMATHI, ADVOCATE)
AND:
M/S. BANGALORE HOUSING
DEVELOPMENT & INVESTMENTS, NO.10/1, LAKSHMINARAYANA COMPLEX, PALACE ROAD,
BENGALURU.
... RESPONDENT
(BY SRI BALRAM R. RAO, ADCOVATE)
THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260A OF THE INCOME TAX ACT, 1961, PRAYING TO 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 AND SET ASIDE THE APPELLATE ORDER DATED 20-5-2010 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, 'A' BENCH, BENGALURU, IN APPEAL PROCEEDINGS I.T.A. NO.34/BANG/2010, FOR ASSESSMENT YEAR 2006-07.
IN I.T.A. NO.399 OF 2013:
BETWEEN:
COMMISSIONER OF INCOME TAX-III C.R. BUILDINGS,
QUEENS ROAD, BENGALURU.
ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 6(1), BENGALURU.
... APPELLANTS
(BY SRI E.I. SANMATHI, ADVOCATE) AND:
M/S. BANGALORE HOUSING
DEVELOPMENT & INVESTMENTS, NO.10/1, LAKSHMINARAYANA COMPLEX, PALACE ROAD,
BENGALURU.
... RESPONDENT
(BY SRI J. BALACHANDAR, ADCOVATE)
THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260A OF THE INCOME TAX ACT, 1961, PRAYING TO 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 AND SET ASIDE THE APPELLATE ORDER DATED 20-3-2010 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, 'A' BENCH, BENGALURU, IN APPEAL PROCEEDINGS I.T.A. NO.811/BANG/2012, FOR ASSESSMENT YEAR 2008-09.
IN I.T.A. NO.398 OF 2013:
BETWEEN:
COMMISSIONER OF INCOME TAX-III C.R. BUILDINGS,
QUEENS ROAD, BENGALURU.
ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 6(1), BENGALURU.
... APPELLANTS
(BY SRI E.I. SANMATHI, ADVOCATE)
AND:
M/S. BANGALORE HOUSING
DEVELOPMENT & INVESTMENTS, NO.10/1, LAKSHMINARAYANA COMPLEX, PALACE ROAD,
BENGALURU.
... RESPONDENT
(BY SRI BALRAM R. RAO, ADCOVATE)
THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260A OF THE INCOME TAX ACT, 1961, PRAYING TO 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 AND SET ASIDE THE APPELLATE ORDER DATED 20-3-2013 PASSED BY THE INCOME TAX
APPELLATE TRIBUNAL, 'A' BENCH, BENGALURU, IN APPEAL PROCEEDINGS I.T.A. NO.646/BANG/2012, FOR ASSESSMENT YEAR 2007-08.
THESE INCOME TAX APPEALS COMING ON FOR FINAL HEARING THIS DAY, RAVI MALIMATH, J., DELIVERED THE FOLLOWING:
J U D G M E N T
In view of the memo filed in the Court today, the appeals are dismissed as withdrawn.
SD/-
SD/- JUDGE
JUDGE
kvk
Latest GST High Court judgments
Search GST case law →- R.K.Service Station, Balasore vs. Commissioner CT And GST Odisha, CuttackOrissa · 31 Oct 2026
- Tankala Soumya vs. Assistant Commissioner Of State Tax, CT And GST, Rayagada Circle, RayagadaOrissa · 31 Oct 2026
- M/S Pooja, Town Hallroad, Cuttack vs. State Tax Officer, Cuttack-I West Circle,CuttackOrissa · 31 Oct 2026
- M/S Chicvogue Fashions Lip, Ganjam vs. State Tax Officer Bhubaneswar- Ii CircleOrissa · 31 Oct 2026
- M/S Priya, Townhall Road, Cuttack vs. Superintendent Cuttack- I Range, CuttackOrissa · 31 Oct 2026