COMM OF INCOME TAX B'LORE vs. M/S.FIBRE BOARDS PVT.LTD., B'LORE

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ITRC/26/1997HC KarnatakaKAHC01003081199724 February 2016Bench: S.SUJATHA,JAYANT PATEL3 pages
AI SummaryRemanded

What did the High Court hold?

The High Court directed the Income Tax Appellate Tribunal to pass appropriate orders in conformity with the Apex Court's decision. The petitions before the High Court were disposed of.

What were the facts?

The High Court was considering a reference from the Income Tax Appellate Tribunal regarding assessment year 1991-1992. The matter had been finalized by the Apex Court in a separate appeal.

What were the issues?

The primary issue was how to proceed with the High Court reference after the Apex Court had already decided the underlying matter.

Which sections of the Income-tax Act were involved?

Section 256(2),Section 260

AI-generated summary — verify with the full judgment below

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 24TH DAY OF FEBRUARY 2016

PRESENT

THE HON’BLE MR.JUSTICE JAYANT PATEL AND THE HON’BLE MRS.JUSTICE S SUJATHA ITRC NO.26 OF 1997 c/w ITRC No.27 OF 1997

BETWEEN:

Commissioner of Income Tax Karnataka – I, Bangalore. …Petitioner (By Sri.E.I.Sanmathi, Advocate)

AND:

M/s.Fibre Boards Pvt.Ltd, Bangalore. …Respondent (By Sri.K.R.Prasad, Advocate)

The Assistant Registrar of the Income Tax Appellate Tribunal, Bangalore Bench, has forwarded a reference under Sec.256(2) of the Income Tax Act, 1961,

2 in RA Nos.26 & 27/Bang/1996 arising out of ITA Nos.767 & 768/Bang/1995 for the assessment year 1991-1992 for the opinion of the Hon’ble Judges of this High Court, on the questions of law as stated in these references, etc.

These Income Tax Referred Cases coming on for Orders this day, JAYANT PATEL J., delivered the following this day: ORDER

The matter is ultimately finalized and decided by the Apex Court in its order dated 11.08.2015 in Civil Appeal Nos.5525-5526/2005.

2.

Under the circumstances as required under Section 260 of the Income Tax Act, the matter shall now be sent to the Tribunal for passing appropriate orders in conformity with the above referred decision of the Apex Court.

Petitions shall stand disposed of.

Sd/- JUDGE

Sd/- JUDGE

JT/-

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