M/S S K PROPERTIES vs. THE INCOME TAX OFFICER

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 02ND DAY OF JUNE, 2016

PRESENT

THE HON' BLE MR. JUSTICE JAYANT PATEL

AND

THE HON' BLE MR. JUSTICE B.SREENIVASE GOWDA

INCOME TAX APPEAL NO. 724/2015

BETWEEN

M/S S.K. PROPERTIES NO.103, ‘ALFA CARLSTON’ WHEELER ROAD, COOKE TOWN, BENGALURU-560 005. REP. BY ITS PARTNER MR.A.R.SARDAR KHAN. ... APPELLANT

(By Sri. : ARAVIND V CHAVAN, ADVOCATE )

AND

ITA NO. 724/2015 2 2. THE COMMISIONER OF INCOME TAX -1 CENTRAL CIRCLE, C.R.BUILDINGS, QUEENS ROAD, BENGALURU – 560 001.

... RESPONDENTS

THE ADVOCATE FOR THE APPELLANT HAS FILED THE ABOVE ITA / INCOME TAX APPEAL UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED:23/01/2015 PASSED IN ITA NO.669/BANG/2009 BY THE ITAT AND THE ORDER PASSED BY THE APPELLATE COMMISSIONER BEARING NO. ITA NO. 32/W-1(2)/A-1/2008-09 DATED:27/04/2009 PRODUCED AS ANNEXURE-B & C RESPECTIVELY, FOR THE ASSESSMENT YEAR 2005-2006.

PRAYING THIS HON'BLE COURT TO: i. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE. ii. ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE ITAT, BENGALURU IN ITA NO. 669/BANG/2009 DATED: 23/01/2015 AND THE ORDER PASSED BY THE APPELLATE …3

ITA NO. 724/2015 3 COMMISSIONER BEARING NO. ITA NO. 32/W-1(2)/A- 1/2008-09 DATED:27/04/2009 PRODUCED AS ANNEXURE-B & C RESPECTIVELY AND REMAND THE MATTER BACK TO THE APPELLATE COMMISSIONER TO CONSIDER THE MATTER ON MERITS IN THE INTEREST OF JUSTICE AND EQUITY.

This Income Tax Appeal coming on for Orders this day, the Court made the following Order. ORDER

Two weeks time is granted to remove office objections, failing which the matter shall stand automatically dismissed for want of prosecution. Sd/- JUDGE

Sd/- JUDGE

T By: VS R By : MJ C By: VS

COPY

Ty Date: 22.06.2016 C Date: 22/6/16 Sd/-

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