THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. SHRI.SIDDESHWAR COOPERATIVE CREDIT SOCIETY LTD

1 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 2N D DAY OF NOVEMBER 2016 PRESENT THE HON’BLE MR. JUSTICE ASHOK B. HINCHIGERI AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR ITA NO.100194/2015 BETWEEN: 1. THE PRINCIPAL COMMISSIONER OF INCOME TAX DR.B.R.AMBEDKAR VEEDHI BELAGAVI 2. THE INCOME TAX OFFICER WARD-2(3), BELAGAVI ... APPELLANTS. (BY SRI Y V RAVIRAJ, ADVOCATE.) AND SHRI SIDDESHWAR COOPERATIVE CREDIT SOCIETY LTD., P.B.ROAD, KAKATI TQ: & DIST: BELAGAVI. ... RESPONDENT (BY SRI SANGRAM S KULKARNI, ADVOCATE.)

2 THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260A OF THE INCOME TAX ACT, 1961, PRAYING TO SET ASIDE THE ORDERS PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, PANAJI BENCH, PANAJI, IN ITANO.110/PNJ/2015, DATED 30.7.2015 AND TO CONFIRM THE ORDER PASSED BY THE INCOME TAX OFFICER, WARD-1(2), BELAGAVI, ETC.,. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, P.S.DINESH KUMAR, J., DELIVERED THE FOLLOWING: JUDGMENT Both learned counsel agree that the issue involved in this appeal is covered by an earlier judgment of this Court in ITA No.100007/2016 filed by the Revenue. The issue involved in the said appeal was similar to the issue in ITA No.100173/2015 and ITA No.100080/2014. Revenue has challenged the order in ITA No.100080/2014 before the Hon’ble Supreme Court. ITA No.100007/2016 was dismissed granting liberty to the Revenue to revive the said appeal if it succeeded in their SLP filed against ITA No.100080/2014.

3 2. ITA No.100173/2015 was disposed of by holding thus: “7. At this juncture, the learned counsel for the Revenue submitted that the issue involved in this appeal has been taken up in a Special Leave Petition and the same is pending adjudication before the Hon’ble Apex Court. On this premise, he prays for liberty to revive this appeal in the event of the Revenue succeeding in the appeal/s filed before the Apex Court. 8. Having noticed that the issue involved in this appeal is identical to the issue in ITA 100080/2014, we have held that this appeal lacks merit and deserves to be rejected without notice to the respondent. However, this decision shall be binding inter party even if the Revenue succeeds before the Apex Court. Therefore, we consider that the request made by the Revenue seeking leave to revive this appeal as reasonable. 9. In the result, the appeal stands dismissed with liberty to the Revenue to revive this appeal in the event, Revenue succeeds in the SLP filed before the Apex Court on the same issue. No costs.”

4 3. In the circumstances, this appeal is also dismissed granting liberty to the Appellant Revenue to revive this appeal in the event appellants succeed in their SLP filed against ITA No.100080/2014. Ordered accordingly. No costs. Sd/- JUDGE Sd/- JUDGE Mrk/-