THE COMMISSIONER OF INCOME-TAX vs. M/S MYSORE MERCHANT CO-OPERATIVE BANK LTD.

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ITA/134/2016HC KarnatakaKAHC01022276201611 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 questions raised in the appeals were already decided against the Revenue by a previous judgment of the same court. Therefore, the appeals were dismissed.

What were the facts?

The Revenue appealed against an ITAT order concerning assessment years 2011-2012 and 2012-2013. The appeals were filed under Section 260-A of the Income Tax Act, 1961.

What were the issues?

Whether the substantial questions of law raised in the appeals were covered by previous High Court judgments. The core issue revolved around the applicability of a precedent to the current appeals.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

ITA No.133/2016 C/W ITA No.134/2016

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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.133/2016 C/W INCOME TAX APPEAL NO.134/2016

BETWEEN :

1.

THE COMMISSIONER OF INCOME-TAX

TDS, 55/1, SHILPASHREE

VIDHYARANYA COMPLEX

VISHVESHWARANAGAR

MYSORE – 570 008

2.

THE INCOME-TAX OFFICER

TDS WARD, 55/1, SHILPASHREE

VIDHYARANYA COMPLEX

VISHVESHWARANAGAR

MYSORE – 570 008

...APPELLANTS

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

AND :

M/S MYSORE MERCHANT CO-OPERATIVE BANK LTD. JAGANMOHAN PALACE ROAD MYSORE

...RESPONDENT

(COMMON) (BY SRI ARAVIND V. CHAVAN, ADVOCATE)

ITA No.133/2016 C/W ITA No.134/2016

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THESE INCOME TAX APPEALS ARE 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 29.06.2015 PASSED BY THE ITAT, BENGALURU IN ITA NOs.87/BANG/2015 & 86/BANG/2015 FOR THE ASSESSMENT YEAR 2012-2013 & 2011-2012 RESPECTIVELY.

THESE INCOME TAX APPEALS 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 questions raised in these appeals are answered against the appellants by this Court in CIT v. National Co-operative Bank Ltd. (Karn) [(2016) 387 ITR 702 (Karn)]. The appeals are accordingly dismissed.

Appeals dismissed.

Sd/-

ACTING CHIEF JUSTICE

Sd/-

JUDGE

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