THE COMMISSIONER OF INCOME-TAX, CIT(A) vs. M/S SHRI VINAYAKA HOUSE BUILDING
What did the High Court hold?
The High Court noted the concession made by the appellants' counsel. Following its own prior judgment on a similar issue, the High Court dismissed the appeal.
What were the facts?
The Income Tax Department appealed an order passed by the ITAT. The department's counsel conceded that the issue raised in the appeal had already been decided against them by the High Court in a previous case.
What were the issues?
Whether the High Court's prior judgment on a similar issue binds the current appeal, leading to its dismissal.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
ITA No.623/2016
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF DECEMBER 2017
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.623/2016
BETWEEN :
THE COMMISSIONER OF INCOME-TAX, CIT (A)
TDS, NO.59, HMT BHAVAN
4TH FLOOR, BALLARI ROAD
GANGANAGAR
BENGALURU – 560 032
THE INCOME-TAX OFFICER
TDS, WARD-3(2)
NO.59, HMT BHAVAN
4TH FLOOR, BALLARI ROAD
GANGANAGAR
BENGALURU – 560 032
...APPELLANTS
(BY SRI K.V.ARAVIND & SRI DILIP, ADVOCATES)
AND :
M/S SHRI VINAYAKA HOUSE BUILDING CO-OPERATIVE SOCIETY LTD. NO.3, ADHICHUNCHANGIRI COMPLEX VIJAYANAGAR, BENGALURU
...RESPONDENT
(BY SRI A SHANKAR & SRI M.LAVA, ADVOCATES)
THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF I.T.ACT, 1961 PRAYING TO FORMULATE THE
ITA No.623/2016
-2-
SUBSTANTIAL QUESTIONS OF LAW AND TO SET ASIDE THE ORDER DATED 20.07.2016 PASSED BY THE ITAT, BENCH-A, BANGALORE IN ITA NO.1317/BANG/2015 FOR THE ASSESSMENT YEAR 2009-2010.
THIS INCOME TAX APPEAL COMING ON FOR ADMISSION, THIS DAY, THE ACTING CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT
Ag.CJ (Oral):
Learned Counsel appearing for the appellants fairly submits that the question raised in this appeal is answered against the appellants by this Court in the Commissioner of Income Tax & another v. M/s Karnataka State Judicial Department Employees House Building Co-operative Society Limited [ITA No.1260/2006 DD 10.03.2010]. The appeal is accordingly dismissed.
Appeal dismissed.
Sd/-
ACTING CHIEF JUSTICE
Sd/-
JUDGE
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