THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. M/S BANK NOTE PAPER MILL INDIA

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ITA/113/2018HC KarnatakaKAHC01050969201809 November 2018Bench: RAVI MALIMATH,BELLUNKE A.S3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court acknowledged the submission of the Revenue's counsel. Based on the precedent, the Court decided to dismiss the appeal filed by the Revenue.

What were the facts?

The Revenue filed an appeal before the High Court against an ITAT order. The Revenue's counsel conceded that the substantial question of law was covered by a previous judgment of the same court against the Revenue.

What were the issues?

Whether the substantial question of law in the present appeal is covered by a previous judgment of the High Court against the Revenue.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

ON THE 09TH DAY OF NOVEMBER, 2018

BEFORE

THE HON'BLE MR. JUSTICE RAVI MALIMATH

AND

THE HON’BLE MR. JUSTICE A.S.BELLUNKE

INCOME TAX APPEAL NO.113 OF 2018

BETWEEN:

1.

THE PRINCIPAL COMMISSIONER OF INCOME TAX 5TH FLOOR, BMTC BUILDING 80 FEET ROAD KORAMANGALA BENGALURLU – 560 095.

2.

THE INCOME TAX OFFICER WARD-1(1)(3) 2TH FLOOR, BMTC BUILDING 80 FEET ROAD KORAMANGALA BENGALURLU – 560 095. ... APPELLANTS

(BY SRI: ARAVIND K V, ADVOCATE)

AND:

M/S BANK NOTE PAPER MILL INDIA PRIVATE LIMITED 1ST FLOOR, S.R.COMPLEX, NO. 2 THAVAREKERE MAIN ROAD

2 S G PALYA, DRC POST BENGALURLU – 560 029 PAN: AAECB 3245M.

... RESPONDENT

THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 10.11.2017, PASSED IN ITA NO. 1162/BANG/2016, FOR THE ASSESSMENT YEAR 2012- 2013, PRAYING THIS HON'BLE COURT TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE; ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL, BENGALURU IN ITA NO.1162/BANG/2016 DATED 10.11.2017 CONFIRMING THE ORDER OF THE APPELALTE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE INCOME TAX OFFICER, WARD-1(1)(3), BENGALURU AND TO PASS SUCH OTHER SUITABLE ORDERS AS THIS HON'BLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN THE INTEREST OF JUSTICE AND EQUITY.

*****

THIS INCOME TAX APPEAL COMING ON FOR ADMISSION THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:

JUDGMENT

The learned Counsel for the appellants submit that the substantial question of law that arises for consideration in this appeal is covered by the judgment of this Court in

3 the case of THE PRINCIPAL COMMISSIONER OF INCOME TAX AND ANOTHER VS. M/S BANK NOTE PAPER MILL INDIA PRIVATE LIMITED in ITA No.690 of 2017, wherein it is held against the revenue. Hence, he pleads that the appeal be dismissed.

2.

The submission of the learned counsel for the appellants is placed on record.

The appeal is accordingly dismissed.

SD/-

SD/- JUDGE

JUDGE

*bgn/-

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