COMMISISONER OF vs. M/S PODAR EDUCATION TRUST

ITA No.288/2016

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 24TH DAY OF JANUARY 2018

PRESENT

THE HON’BLE MR.H.G.RAMESH ACTING CHIEF JUSTICE

AND

THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR INCOME TAX APPEAL NO.288/2016

BETWEEN :

(EXEMPTIONS) MISSION ROAD

BANGALORE

OF INCOME TAX (E) CIRCLE

17(2), BANGALORE

...APPELLANTS

(BY SRI SANMATHI E.I, ADVOCATE)

AND :

M/S PODAR EDUCATION TRUST 103/1, BASAVANPUR OFF. BANNERGATTA ROAD BANGALORE

...RESPONDENT

(BY SRI UDAY SHANKAR R.M, ADVOCATE)

THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF I.T.ACT, 1961 PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW AND TO SET ASIDE THE ORDER DATED 30.09.2015 PASSED BY THE ITAT ‘C’ BENCH, BENGALURU IN ITA NO.1023/BANG/2014 FOR THE ASSESSMENT YEAR 2010-11.

ITA No.288/2016

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THIS INCOME TAX APPEAL COMING ON FOR HEARING, THIS DAY, THE ACTING CHIEF JUSTICE DELIVERED THE FOLLOWING:

JUDGMENT

Ag.CJ (Oral):

Learned Counsel appearing for the appellants fairly submits that the first and second substantial questions of law raised in the appeal are answered against the appellants by the Hon’ble Supreme Court in Commissioner of Income Tax-III, Pune v. Rajasthan and Gujarati Charitable Foundation, Poona in Civil Appeal No.7186 of 2014 and the third substantial question of law raised in the appeal may be kept open to be examined in an appropriate case. The appeal is accordingly dismissed by keeping the third question open. Appeal dismissed.

Sd/-

ACTING CHIEF JUSTICE

Sd/-

JUDGE