THE COMMISSIONER OF INCOME-TAX vs. M/S. KARNATAKA POWER CORPORATION LTD

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ITA/123/2015HC KarnatakaKAHC01017524201501 September 2015Bench: B.MANOHAR,VINEET SARAN3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the questions involved in the present appeal were covered by its prior decision in favour of the assessee. Therefore, no substantial question of law arose for determination.

What were the facts?

The Revenue appealed an ITAT order concerning the assessment year 2005-2006. The appeal involved questions of law similar to those decided by the High Court in a previous case involving the same assessee.

What were the issues?

Whether the appeal raises a substantial question of law, given a prior High Court judgment on similar issues for the same assessee.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 1ST DAY OF SEPTEMBER, 2015

PRESENT

THE HON'BLE MR. JUSTICE VINEET SARAN

AND

THE HON’BLE MR. JUSTICE B.MANOHAR

ITA NO. 123/2015

BETWEEN

1.

THE COMMISSIONER OF INCOME-TAX,

C.R.BUILDING,

QUEENS ROAD,

BANGLORE.

2.

THE ASST.COMMISSIONER OF INCOME-TAX,

CIRCLE-11(5),

RASHTROTHANA BHAVAN,

NRUPATHUNGA ROAD

BANGALORE – 560 001. ... APPELLANTS (BY SRI.K.V.ARAVIND , ADV. A/W E.I.SANMATHI, ADV.)

AND

M/S. KARNATAKA POWER CORPORATION LTD., (PERTAINING TO ERSTWHILE M/S VISVESVARAYA VIDYUTH NIGAMA LTD.,) SHAKTHI BHAVAN, NO.82, RACE COURSE ROAD, BANGALORE – 560 001. PAN: ADKPK617.

...RESPONDENT

THIS ITA IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED: 28.11.2014 PASSED IN ITA NO.99/BANG/2013, FOR THE ASSESSMENT YEAR 2005-2006. PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE ITAT, BANGALORE, CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER CONFIRM THE ORDER PASSED BY THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE-11(5), BANGALORE.

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

JUDGMENT

We have heard Sri K.V.Aravind, learned counsel for the appellants and perused the records.

2.

It is not disputed that the questions involved in this appeal are covered by the decision of this Court in the case of Commissioner of Income Tax -vs- M/s Karnataka Power Corporation Ltd. (ITA Nos.404 & 405/2014) decided on 13.07.2015 wherein, in the case of the same assessee for different assessment years, similar questions were involved and have been answered in favour of the assessee.

3.

As such, in view of the aforesaid judgment dated 13.07.2015, we are of the opinion that no substantial question of law arises for determination by this Court.

The appeal is accordingly dismissed.

Sd/-

JUDGE

Sd/-

JUDGE TL

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