THE PRINCIPAL COMMISSIONER OF INCOME TAX, vs. THE RAIBAG TALUKA PRIMARY

PDF · subscribers
ITA/100027/2016HC KarnatakaKAHC02003956201610 February 2016Bench: H.BILLAPPA,P.S.DINESH KUMAR3 pages
AI SummaryRemanded

What did the High Court hold?

The High Court disposed of the appeal in terms similar to a previous case, granting liberty to the Revenue to revive the appeal. This was contingent on the outcome of a Special Leave Petition filed before the Supreme Court on the same subject matter.

What were the facts?

The Revenue appealed against an ITAT order concerning a primary teachers co-operative society. The appeal was filed under Section 260A of the Income Tax Act, 1961.

What were the issues?

The primary issue was whether the appeal should be allowed based on a pending Supreme Court matter. The court decided to defer a final decision pending the Supreme Court's ruling.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

: 1 : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 10TH DAY OF FEBRUARY, 2016 PRESENT THE HON’BLE MR.JUSTICE H.BILLAPPA AND THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR I.T.A.No.100027/2016 BETWEEN: 1. THE PRINCIPAL COMMISSIONER OF INCOME TAX, DR.B.R.AMBEDKAR VEEDHI, BELAGAVI. 2. THE INCOME TAX OFFICER, WARD-1(4), BELAGAVI. … APPELLANTS (BY SHRI.Y.V.RAVIRAJ, ADV.) AND: THE RAIBAG TALUKA PRIMARY TEACHERS CO-OP SOCIETY LTD., MAIN ROAD, RAIBAG, BELAGAVI, PAN:AAAAT 4136H. … RESPONDENT THIS ITA IS FILED U/S.260A OF THE INCOME-TAX ACT 1961, PRAYING TO FORMULATE THE SUBSTANTIAL QUESTION OF LAW STATED ABOVE AND ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME TAX APPELLATE TRIBUNAL,

: 2 : PANAJI BENCH, PANAJI, IN ITA NO.283/PNJ/2015, DTD:14.09.2015 AND CONFIRM THE ORDER PASSED BY THE INCOME TAX OFFICER, WARD-1(4), BELAGAVI AND ETC., THIS APPEAL COMING ON FOR ORDERS, THIS DAY, P.S.DINESH KUMAR, J., DELIVERED THE FOLLOWING: JUDGMENT Sri Y.V.Raviraj, the learned standing counsel for the Revenue submits that this appeal is covered by the decision of this Court in I.T.A.No.100080/2015 disposed of on 06.01.2016 (Principal Commissioner of Income Tax Vs. The Belgaum Taluka Rural Industrial Co-operative Society Ltd.). 2. I.T.A.No.100080/2015 is disposed with liberty to the Revenue to revive the said appeal in the event, Revenue succeeded in the Special Leave Petition filed before the Hon’ble Supreme Court on subject matter in issue.

: 3 : 3. This appeal also stands disposed of in the like terms contained in I.T.A.No.100080/2015 with liberty to revive, as granted in the said appeal. Sd/- JUDGE Sd/- JUDGE Jm/-

Recent GST High Court judgments

Search GST case law →