THE PRINCIPAL COMMISSIONER vs. MURUGESH R NIRANI and OTHERS

ITA No.100084 OF 2015 C/W ITA Nos.100086 OF 2015 AND 100081 OF 2015 -1- IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 27TH DAY OF APRIL 2016 PRESENT THE HON’BLE MR. JUSTICE H.G.RAMESH AND THE HON’BLE MR. JUSTICE G.NARENDAR ITA No.100084 OF 2015 C/W ITA Nos.100086 OF 2015 AND 100081 OF 2015 IN ITA 100084 OF 2015 BETWEEN 1. THE PRINCIPAL COMMISSIONER OF INCOME TAX, (CENTRAL ) QUEEN’S ROAD, BENGALURU 2. ACIT, CENTRAL CIR-2, BELAGAVI ... APPELLANTS (By Sri Y V RAVIRAJ, ADV.) AND MURUGESH R NIRANI & OTHERS (AOP) NO. 916-A, BASAV NAGAR MUDHOL, BAGALKOT 587 313. ... RESPONDENT (By Sri ASHOK A. KULKARNI AND SRI H R KAMBIYAVAR, ADVS) THIS ITA IS FILED UNDER SECTION 260A OF THE INCOME-TAX ACT 1961, PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE. ALLOW THE APPEAL AND SET AISDE THE ORDERS PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, PANJI BENCH, PANAJI IN ITA NO.198/PNJ/2014, DATED 08/01/2015 FOR THE ASSESSMENT YEAR 2002-03 AND CONFIRM THE ORDER PASSED BY THE

ITA No.100084 OF 2015 C/W ITA Nos.100086 OF 2015 AND 100081 OF 2015 -2- ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, PANAJI. IN ITA 100086 OF 2015 BETWEEN 1. THE PRINCIPAL COMMISSIONER OF INCOME TAX, (CENTRAL )BENGALURU 2. ACIT, CENTRAL CIR-2, BELAGAVI ... APPELLANTS (By Sri Y V RAVIRAJ, ADV.) AND MURUGESH R NIRANI & OTHERS (AOP) NO. 916-A, BASAV NAGAR MUDHOL, BAGALKOT 587 313. ... RESPONDENT (By Sri ASHOK A KULKARNI & SRI H.R. KAMBIYAVAR, ADVS.) THIS ITA IS FILED UNDER SECTION 260A OF THE INCOME-TAX ACT 1961, PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE. ALLOW THE APPEAL AND SET AISDE THE ORDERS PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, PANJI BENCH, PANAJI IN ITA NO.200/PNJ/2014, DATED 08/01/2015 FOR THE ASSESSMENT YEAR 2004-05 AND CONFIRM THE ORDER PASSED BY THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, PANAJI. IN ITA 100081 OF 2015 BETWEEN 1. THE PRINCIPAL COMMISSIONER OF INCOME TAX, (CENTRAL), QUEEN’S ROAD, BENGALURU. 2. ACIT, CENTRAL CIR-2, BELAGAVI. ... APPELLANTS (By Sri Y V RAVIRAJ, ADV.)

ITA No.100084 OF 2015 C/W ITA Nos.100086 OF 2015 AND 100081 OF 2015 -3- AND MURUGESH R NIRANI & OTHERS (AOP), NO.916-A, BASAV NAGAR, MUDHOL, DT. BAGALKOT:587313, ... RESPONDENT (By Sri ASHOK. A. KULKARNI AND SRI. H R KAMBIYAVAR, ADV.) THIS ITA IS FILED UNDER SECTION 260A OF THE INCOME-TAX ACT 1961, PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE. ALLOW THE APPEAL AND SET AISDE THE ORDERS PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, PANJI BENCH, PANAJI IN ITA NO.197/PNJ/2014, DATED 08/01/2015 FOR THE ASSESSMENT YEAR 2001-02 AND CONFIRM THE ORDER PASSED BY THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, PANAJI. THESE ITAs COMING ON FOR ADMISSION THIS DAY, H.G. RAMESH J., DELIVERED THE FOLLOWING: JUDGMENT H.G.RAMESH, J. (Oral): 1. Sri Ashok A. Kulkarni and Sri H.R.Kambiyavar, learned counsel submit that they will file vakalath for the respondent in ITA Nos.100084 of 2015 and 100081 of 2015 in a week’s time. They are accordingly permitted to file vakalath. 2. Learned counsel appearing for the appellants submits that these appeals have become infructuous as M/s. Nirani Sugars Limited, the company where search was conducted

ITA No.100084 OF 2015 C/W ITA Nos.100086 OF 2015 AND 100081 OF 2015 -4- under Section 132 of the Income Tax Act, 1961, has offered for tax the undisclosed income. 3. Learned counsel for the respondent do not dispute the aforesaid submission. The appeals are accordingly disposed of as having become infructuous. Appeals disposed of. Sd/- JUDGE Sd/- JUDGE kmv