UNION OF INDIA vs. PRAGATHI CREDIT SOUHARDA SAHAKARI NIYAMIT

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WA/100100/2020HC KarnatakaKAHC02006340202026 May 2022Bench: KRISHNA S.DIXIT,P.KRISHNA BHAT4 pages
AI SummaryDismissed

What did the High Court hold?

The High Court found no merit in the appeal and decided not to interfere with the previous order. The appeal was accordingly rejected.

What were the facts?

The appeal concerns a matter substantially similar to a previous case decided by a co-ordinate bench. The appellant's counsel did not dispute this similarity.

What were the issues?

Whether the current appeal warrants interference given its similarity to a previously decided case.

AI-generated summary — verify with the full judgment below

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WA No.100100/2020

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 26TH DAY OF MAY, 2022

PRESENT

THE HON'BLE MR JUSTICE KRISHNA S.DIXIT

AND

THE HON'BLE MR JUSTICE P.KRISHNA BHAT

WRIT APPEAL NO. 100100 OF 2020 (T-IT)

BETWEEN:

1.

UNION OF INDIA, MINISTRY OF FINANCE, RAJPATH MARG, CENTRAL SECRETARIAT, NEW DELHI-110011, REPRESENTED BY ITS SECRETARY.

2.

THE CENTRAL BOARD OF DIRECT TAXES, GOVERNMENT OF INDIA, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, REPRESENTED BY ITS CHAIRMAN.

3.

THE INCOME TAX OFFICER WARD NO.1, BELAGAVI, FEROZ KHIMJIBHAI COMPLEX, OPP. CIVIL HOSPITAL, DR.AMBEDKAR ROAD, BELAGAVI-590001. … APPELLANTS (BY SHRI Y.V. RAVIRAJ & SHRI TULAJAPPA KALBURGI, ADVOCATES)

J MAMATHA Digitally signed by J MAMATHA Location: DHARWAD Date: 2022.05.28 11:52:00 +0530

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WA No.100100/2020

AND:

1.

PRAGATHI CREDIT SOUHARDA SAHAKARI NIYAMIT, 1, ATHANI ROAD, HURUGERI, AT POST: HURUGERI, TQ: RAIBAG, DIST: BELAGAVI-591220, REP. BY ITS CHIEF EXECUTIVE OFFICER, SHRI.BASAGOUDA S/O VENKAPPA BIRADAR, AGE: 62 YEARS, OCC: CEO, AT POST: HARUGERI, TQ: RAIBAG, DIST: BELAGAVI-591220.

2.

THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001. … RESPONDENTS

(BY SHRI M.R. YARAGAMBLIMATH, ADVOCATE FOR R1; SHRI G.K. HIREGOUDAR, GOVT. ADOVATE FOR R2)

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WP.NO.118238/2020 (T-IT) DATED 28.01.2020 AND ETC.,

THIS APPEAL COMING ON FOR PRELIMINARY HEARING, THIS DAY, KRISHNA S.DIXIT, J., DELIVERED THE FOLLOWING:

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WA No.100100/2020

JUDGMENT The subject matter of this appeal we are told is substantially similar to the one in W.A. No.378/2020 (T-IT) connected with W.A. No. 406/2020 (T-IT) between the Government of India & another Vs. Karnataka State Souharda Federal Co-operative Limited and another, disposed off by a Co-ordinate Bench of this Court vide order dated 20th December 2021. 2. Learned counsel for the appellant does not, in all fairness, dispute the above position as contended by learned counsel appearing for the respondent-assessee. Learned AGA too echoes the same. No case for deviating from the view taken by the said Co-ordinate Bench is made out before us, either. In the above circumstances, we find no merits to interfere in this appeal and accordingly, the same stands rejected. Pending applications, if any, pale

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WA No.100100/2020

into insignificance in view of the rejection of the appeal. Costs made easy.

Sd/- JUDGE

Sd/- JUDGE

Vnp*

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