M/S EVERGLADES vs ASST. COMMISSIONER OF INCOME TAX

ITA No.666/2016

-1- IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 30TH DAY OF NOVEMBER 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. 666/2016

BETWEEN :

M/S.EVERGLADES REPRESENTED BY THE MEMBER OF AOP SRI DHARMENDRA KUMAR SHARMA NO.1146, 12TH MAIN, HAL 2ND STAGE BANGALORE-560 038

...APPELLANT

(BY SRI A.SHANKAR & SRI M.LAVA, ADVOCATES)

AND :

ASST. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 2(3), C.R.BUILDING QUEENS ROAD, BANGALORE-560 001 ...RESPONDENT

(BY SRI JEEVAN J. NEERALGI, ADVOCATE)

THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT, 1961, PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW AND TO SET ASIDE THE ORDER DATED 29.07.2016 PASSED BY THE ITAT, ‘C’ BENCH, BENGALURU IN ITA NO.347/BANG/2012 FOR THE ASSESSMENT YEAR 2007-08.

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

ITA No.666/2016

-2-

JUDGMENT

Ag.CJ (Oral):

This appeal is directed against the order dated 29.07.2016 passed by the Income Tax Appellate Tribunal, ‘C’ Bench, Bengaluru in ITA No.347/Bang/2012.

Sri A.Shankar, learned counsel appearing for the appellant and Sri Jeevan J. Neeralgi, learned counsel appearing for the respondent, after arguing the matter for some time, submit that the impugned order may be set aside and the Tribunal may be directed to reexamine the matter in the light of a Division Bench decision of this Court dated 11.03.2016 in ITA No.447/2010 and connected appeals and in accordance with law.

Having regard to the facts of the case, we accept the joint submission made by learned counsel appearing for the parties and accordingly make the following order:

The order dated 29.07.2016 passed by the Income Tax Appellate Tribunal ‘C’ Bench, Bengaluru in ITA No.347/Bang/2012 which is impugned in this appeal is set aside. The matter is remitted to the Tribunal for

ITA No.666/2016

-3- reconsideration in accordance with law and in the light of the aforesaid decision of this Court. The Tribunal shall, inter alia, examine as to whether there was compliance of the requirement of ‘satisfaction’ laid down under Section 153C of the Income Tax Act, 1961. All contentions of both the parties are kept open.

Appeal disposed of. Sd/-

ACTING CHIEF JUSTICE

Sd/-

JUDGE

bkv

M/S EVERGLADES vs. ASST. COMMISSIONER OF INCOME TAX