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1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF OCTOBER 2015
PRESENT
THE HON’BLE MR. JUSTICE VINEET SARAN
AND
THE HON’BLE MRS.JUSTICE S SUJATHA
ITA NO.190/2015 BETWEEN:
THE COMMISSIONER OF INCOME-TAX
CENTRAL CIRCLE
C R BUILDING, QUEENS ROAD
BANGALORE
THE DEPUTY COMMISSIONER OF INCOME-TAX
CENTRAL CIRCLE-2(3)
C R BUILDING, QUEENS ROAD
BANGALORE
…APPELLANTS (BY SRI K.V. ARAVIND, ADV.)
AND:
SHRI PADMAIAH VUPPU PROP: M/S FORTUNA CONSTRUCTIONS NO.3156, 12TH MAIN, HAL 2ND STAGE, BANGALORE …RESPONDENT
THIS INCOME TAX APPEAL UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DT:13.10.2014 PASSED IN ITA NO.1099/BANG/2013, FOR THE ASSESSMENT YEAR-2006-2007. PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE, ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL, BANGALORE IN ITA
2 NO.1099/BANG/2013 DATED 13.10.2014 AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 2(3), BANGALORE.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, VINEET SARAN J., DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri. K.V. Aravind, learned counsel for the appellants and perused the records.
The question in this appeal relates to imposition of penalty, which question has been decided by the Tribunal held in favour of the assessee. Aggrieved by the said order this appeal is filed.
Having heard learned counsel for the appellants and perused the facts of this case we are of the opinion that the Tribunal has rightly, after relying on the judgment in the case of Commissioner of Income Tax Vs. Manjunatha Cotton and Ginning Factory, [2013] 359 ITR 565, decided the issue in favour of assessee.
In that view of the matter, we are of the opinion, no substantial question of law arises for determination by this court.
The appeal is accordingly dismissed.
Sd/-
JUDGE
Sd/-
JUDGE
AN/-