THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. SHRI. MAHATAMA BASAVESHWAR COOPERATIVE CREDIT

: 1 : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 19TH DAY OF JANUARY, 2016 PRESENT THE HON’BLE MR.JUSTICE H.BILLAPPA AND THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR I.T.A.No.100005/2016 BETWEEN: 1. THE PRINCIPAL COMMISSIONER OF INCOME TAX, DR.B.R.AMBEDKAR VEEDHI, BELAGAVI. 2. THE INCOME TAX OFFICER, WARD-I, NIPPANI. … APPELLANTS (BY SHRI.Y.V.RAVIRAJ, ADV.) AND: SHRI MAHATMA BASAVESHWAR CO-OPERATIVE CREDIT SOCIETY LIMITED, NIPANI, TQ:CHIKODI, DIST:BELAGAVI, PAN:AAAAS 2281 C. … 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, PANAJI BENCH, PANAJI, IN ITA NO.116/PNJ/2015,

: 2 : DTD:03.08.2015 AND CONFIRM THE ORDER PASSED BY THE INCOME TAX OFFICER, WARD-1, NIPANI AND ETC., THIS APPEAL COMING ON FOR ORDERS, THIS DAY, P.S.DINESH KUMAR, J., DELIVERED THE FOLLOWING: JUDGMENT The learned counsel for the appellants submits that this appeal is covered by the decision of this Court in I.T.A.No.100173/2015 disposed of on 05.01.2016. He further submits that since notice is not issued to the respondent in this case also, liberty to move this Court to revive this appeal subject to decision of the Hon’ble Supreme Court in the SLPs filed by the Revenue may be reserved in like terms as in I.T.A.No.100173/2015. 2. In I.T.A.No.100173/2015, it was submitted by the appellants – Revenue that it has taken up the issue involved in the said appeal in an SLP before the Hon’ble Supreme Court and accordingly, a prayer was made to grant liberty to revive the said appeal in the event Revenue succeeded before the Hon’ble Supreme Court.

: 3 : After considering the said submissions, the said appeal 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.” 3. Accordingly, recording the submission of the learned counsel for the appellants this appeal also

: 4 : stands dismissed with liberty contained in I.T.A. No.100173/2015 as extracted hereinabove. Ordered accordingly. Sd/- JUDGE Sd/- JUDGE Jm/-