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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ON THE 19TH DAY OF NOVEMBER, 2018
BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH
AND
THE HON'BLE MR. JUSTICE K. NATARAJAN
INCOME TAX APPEAL NO.15 OF 2018
BETWEEN:
PR. COMMISSIONER OF
INCOME TAX (EXEMPTIONS),
BENGALURU.
THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1,
BENGALURU. ... APPELLANTS
(BY SRI E.I. SANMATHI, ADVOCATE)
AND:
M/S. CHILDREN’S EDUCATION SOCIETY NO.40, 1ST PHASE, J.P. NAGAR, BENGALURU.
... RESPONDENT
THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A 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 14-07-2016 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, ‘C’ BENCH, BANGALORE, IN APPEAL PROCEEDINGS NO. I.T.A. NO.2155/BNG/2016 FOR ASSESSMENT YEAR 2010-11.
THIS INCOME TAX APPEAL COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH, J., DELIVERED THE FOLLOWING:
J U D G M E N T
Heard Sri E.I. Sanmathi, learned counsel for the appellants.
The following substantial questions of law arise for consideration: i. Whether on the facts and in the circumstances of the case the Tribunal is right in holding that assessee is entitled for exemption under Section 11 of the Act by following its earlier order which has not reached finality?
ii. Whether on the facts and in the circumstances of the case, the Tribunal is right in law in holding assessing authority is not right in making additions in respect of building fund of Rs.11,44,245/- and infrastructure development fund of Rs.8,58,34,295/- as income as assessee failed to substantiate its claim?
Learned counsel for the appellants submits that the substantial questions of law that arise for consideration in this appeal is covered by the judgment of this Court in the case of THE DIRECTOR OF INCOME TAX v. GARDEN CITY EDUCATIONAL TRUST [(2011) 330 ITR 480 (KARN)] and in the case of COMMISSIONER OF INCOME TAX AND ANOTHER v. CHILDREN’S EDUCATION SOCIETY [(2013) 358 ITR 0373] respectively.
Following the aforesaid judgments of this Court, the substantial questions of law are answered in favour of the assessee and against the Revenue. The appeal is, accordingly, disposed off.
SD/-
SD/- JUDGE
JUDGE
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