THE COMMISSIONER OF vs. THE KARNATAKA STATE

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ITA/881/2017HC KarnatakaKAHC01045624201705 November 2018Bench: RAVI MALIMATH,BELLUNKE A.S3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court noted that the substantial question of law was covered by a Supreme Court judgment. Based on this submission, the appeal was dismissed.

What were the facts?

The Commissioner of Income Tax filed an appeal against an order of the Income Tax Appellate Tribunal. The appeal arose from the assessment year 2006-07.

What were the issues?

Whether the substantial question of law raised in the appeal is covered by a Supreme Court judgment.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

Before: AND

IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 5TH 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.881 OF 2017 BETWEEN:

1.

THE COMMISSIONER OF INCOME TAX(EXEMPTIONS) C.R. BUILDINGS, QUEENS ROAD, BANGALORE.

2.

ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTIONS) CIRCLE-1, BANGALORE.

... APPELLANTS

(BY SRI. JEEVAN J. NEERALGI, ADVOCATE)

AND:

THE KARNATAKA STATE CRICKET ASOCIATION, CHINNASWAMY STADIUM, M.G. ROAD, BANGALORE 560 001.

... RESPONDENT

THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF THE INCOME TAX ACT, 1961, ARISING OUT OF ORDER DATED 02.06.2017 PASSED IN ITA No.1615/BANG/2016 FOR THE ASSESSMENT YEAR 2006-07, 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:02/06/2017 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, 'A' BENCH, BENGALURU, AS SOUGHT FOR, IN THE RESPONDENT- ASSESSEE'S CASE, IN APPEAL PROCEEDINGS IN ITA NO. 1615/BANG/2016 FOR A.Y. 2006-2007 AND GRANT SUCH OTHER RELIEF AS DEEMED FIT, IN THE INTEREST OF JUSTICE.

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

J U D G M E N T

Appellants’ Counsel submits that the substantial question of law that arises for consideration in the appeal is since covered by the Judgment of the Hon’ble Supreme Court in the case of ‘COMMISSIONER OF INCOME TAX-III, PUNE v. RAJASTHAN & GUJARATI CHARITABLE

FOUNDATION POONA’ reported in 2018 [89] taxmann.com 127 [SC]. Hence, he pleads that the appeal be dismissed.

In view of the submission, appeal is dismissed.

Sd/-

Sd/-

JUDGE

JUDGE

AN/-

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