THE COMMISSIONER OF INCOME-TAX vs. M/S STATE BANK OF MYSORE

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ITA/131/2016HC KarnatakaKAHC01023456201611 October 2017Bench: L.NARAYANA SWAMY (AG.CJ),P.S.DINESH KUMAR2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court noted that the question raised in the appeal had already been answered against the appellants by a previous decision of the same court. Therefore, the appeal was dismissed.

What were the facts?

The Income Tax Department appealed against an order of the ITAT concerning the assessment year 2008-2009. The department sought to formulate substantial questions of law and set aside the ITAT's order.

What were the issues?

The primary issue was whether the substantial questions of law raised by the Income Tax Department were valid and warranted setting aside the ITAT's order, considering previous High Court precedents.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show list

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ITA No.131/2016

-1-

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11TH DAY OF OCTOBER 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.131/2016

BETWEEN :

1.

THE COMMISSIONER OF INCOME-TAX

LTU, JSS TOWERS

BSK III STAGE

BANGALORE – 560 085

2.

THE JOINT COMMISSIONER OF INCOME-TAX

LTU, JSS TOWERS

BSK III STAGE

BANGALORE – 560 085

...APPELLANTS

(BY SRI E.I.SANMATHI FOR SRI K.V.ARAVIND, ADVOCATES)

AND :

M/S STATE BANK OF MYSORE HEAD OFFICE FINANCE & ACCOUNTS DEPARTMENT K.G.ROAD BANGALORE – 560 009

...RESPONDENT

(BY Ms.TANMAYEE RAJKUMAR FOR SRI T.SURYANARAYANA, ADVOCATES)

THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF I.T.ACT, 1961 PRAYING TO FORMULATE THE

ITA No.131/2016

-2-

SUBSTANTIAL QUESTIONS OF LAW AND TO SET ASIDE THE ORDER DATED 14.09.2015 IN ITA NO.1080/BANG/2014, PASSED BY THE ITAT, BENGALURU FOR THE ASSESSMENT YEAR 2008- 2009.

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

JUDGMENT Ag.CJ (Oral):

Sri E.I.Sanmathi, learned Counsel appearing for the appellants fairly submits that the question raised in this appeal is answered against the appellants by this Court in CIT v. Manjunatha Cotton and Ginning Factory [(2013) 359 ITR 565 (Karn)]. The appeal is accordingly dismissed.

Appeal dismissed.

Sd/-

ACTING CHIEF JUSTICE

Sd/-

JUDGE

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