THE COMMISSIONER OF INCOME TAX vs. THE MANGALORE CO OPERATIVE BUILDING SOCIETY LTD.,

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ITA/490/2015HC KarnatakaKAHC01040433201514 December 2015Bench: S.SUJATHA,VINEET SARAN3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court acknowledged that the questions involved were covered by its previous decisions in favor of the assessee. Therefore, the appeal was dismissed.

What were the facts?

The Revenue appealed against an ITAT order that confirmed the orders of the Appellate Commissioner and Income Tax Officer. The appeal involved questions of law already decided by the High Court.

What were the issues?

Whether the High Court's previous decisions on similar matters should be applied to the present appeal.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14TH DAY OF DECEMBER 2015

PRESENT

THE HON’BLE MR.JUSTICE VINEET SARAN

AND

THE HON’BLE MRS.JUSTICE S SUJATHA

ITA NO.490/2015

BETWEEN

1.

THE COMMISSIONER OF INCOME-TAX

C R BUILDING

ATTAVARA

MANGALORE-575 001.

2.

THE INCOME-TAX OFFICER

WARD-1(2)

C R BUILDING, ATTAVARA

MANGALORE-575 001.

…APPELLANTS

(BY SRI ARAVIND K V, ADV.)

AND

THE MANGALORE CO-OPERATIVE BUILDING SOCIETY LTD., CLASSIC ARCADE K S RAO ROAD MANGALORE- 575 001. …RESPONDENT

THIS APPEAL IS FILED UNDER SECTION.260- A OF INCOME TAX ACT 1961, SET ASIDE THE ORDER PASSED BY THE ITAT, BANGALORE IN ITA NO.1615/ BANG / 2014 DATED: 08.05.2015 CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRMING THE ORDER PASSED BY THE INCOME TAX OFFICER, WARD- 1(2), MANGALORE.

THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, VINEET SARAN J., DELIVERED THE FOLLOWING:

JUDGMENT

Heard Sri K V Aravind, learned Counsel for the appellants and perused the records.

2.

Learned Counsel for the Appellants does not dispute that the questions involved in this appeal are covered by the decision of this Court in the case of Commissioner of Income Tax Vs Sri Biluru Gurubasava Pattina Sahakari Sangha Niyamitha Bagalkot in ITA No.5006/2013 decided on 05.02.2014 and in the case of Commissioner of Income Tax Vs. Mangalore Co-operative Building Society Ltd., in ITA

3 No.146/2015 decided on 29.9.2015, wherein the question raised in such appeals have been answered in favour of assessee and against the revenue.

Accordingly, this appeal stands dismissed and the questions raised in these appeals are also answered in favour of the assessee and against the revenue.

Sd/- JUDGE

Sd/- JUDGE

AN/-

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