MR SYED YASEEN vs. THE INCOME TAX OFFICER

ITA No.768/2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5TH 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.768/2017

BETWEEN :

MR. SYED YASEEN SINCE DECEASED REPRESENTED BY HIS LRs.

W/O LATE SYED YASEEN

AGED 44 YEARS

D/O LATE SYED YASEEN

AGED 22 YEARS

D/O LATE SYED YASEEN

AGED 20 YEARS

ALL ARE R/AT NO.65, GROUND FLOOR

3RD BENSON CROSS

BENSON TOWN

BANGALORE – 560 046

...APPELLANTS

(BY SRI M.V.SHESHACHALA, SENIOR COUNSEL FOR SRI ARAVIND C CHAVAN, ADVOCATE)

ITA No.768/2017

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AND :

WARD-7(2)(2)

UNITY BUILDING ANNEXE

5TH FLOOR, MISSION ROAD

BANGALORE – 560 027

C.R.BUILDING

QUEENS ROAD

BANGALORE – 560 001

...RESPONDENTS

(BY SRI E.I.SANMATHI, 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 16.06.2017 PASSED BY THE ITAT, BENGALURU IN ITA NO.411/BANG/2015 FOR THE ASSESSMENT YEAR 2007- 2008.

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

JUDGMENT

Ag.CJ (Oral): 1. Sri M.V.Seshachala, learned Senior Counsel appearing for the appellants and Sri E.I.Sanmathi, learned Standing Counsel appearing for the respondents jointly submit that the order dated 16.06.2017 (Annexure-D) passed by the Income Tax Appellate Tribunal, Bangalore Bench ‘‘B’’ impugned in this appeal may be set aside and the matter

ITA No.768/2017

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may be remitted to the Tribunal for reconsideration in accordance with law.

The aforesaid order dated 16.06.2017 (Annexure-D) is set aside and the matter is remitted to the Income Tax Appellate Tribunal for reconsideration in accordance with law. All contentions of both the parties are kept open.

Appeal disposed of.

Sd/-

ACTING CHIEF JUSTICE

Sd/-

JUDGE