PRINCIPAL COMMISSIONER OF INCOME TAX-V vs. M/S. RAJEEV GANDHI RURAL

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

ON THE 05TH 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.572 OF 2017

BETWEEN:

(BY SRI: SANMATHI E I, ADVOCATE)

AND:

M/S. RAJEEV GANDHI RURAL HOUSING CORPORATION LIMITED 4TH FLOOR, KHB COMPLEX CAUVERY BHAVAN, K G ROAD BENGALURU -560 009 PAN: AABCR5689N.

... RESPONDENT

2 THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 08.03.2017 PASSED IN C.O.NO. IN 55/BANG/2016 IN ITA NO.203/BANG/2016, FOR THE ASSESSMENT YEAR 2008-2009, PRAYING THIS HON'BLE COURT 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 08.03.2017 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, 'C' BENCH, BENGALURU C.O.NO. IN 55/BANG/2016 IN ITA NO.203/BANG/2016 FOR ASSESSMENT YEAR 2008-09 AS SOUGHT FOR IN THIS APPEAL; AND TO GRANT SUCH OTHER RELIEF AS DEEMED FIT, IN THE INTEREST OF JUSTICE.

*****

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 first substantial question of law does not arise for consideration. Hence, he restricts his submission only so far as substantial question of law Nos.2 and 3. He contends that the second and third substantial questions of law are covered by the judgment of this Court in the case

3 of COMMISSIONER OF INCOME TAX AND ANOTHER VS. KARNATAKA URBAN INFRASTRUCTURE DEVELOPMENT AND FINANCE CORPORATION in ITA No.2418 of 2005 disposed off on 21.02.2006 reported in 284 ITR page 582. Hence, he pleads that the appeal be disposed off.

The appeal is accordingly disposed off.

SD/-

SD/- JUDGE

JUDGE

*bgn/-