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W.P.7955/13 A/W W.P.7956/13
1 IN THE HIGH COURT OF KARNATAKA, BANGALORE
DATED THIS THE 6th DAY OF MARCH, 2013
BEFORE
THE HON'BLE MR.JUSTICE RAM MOHAN REDDY
WRIT PETITION NO. 7955 OF 2013 (T-IT) A/W WRIT PETITION NO. 7956 OF 2013 (T-IT)
BETWEEN:
KARNATAKA STATE BEVEREGES CORPORATION LTD REP BY ITS EXECUTIVE DIRECTOR(FINANCE) SRI SRIKANTH B V AGED ABOUT 57 YEARS NO.78, SEETHALAKSHMI TOWERS MISSION ROAD BANGALORE-560027.
... PETITIONER COMMON
(By Sri: M LAVA, S.ANNAMALAI, AND A SHANKAR, ADVOCATES )
AND
THE COMMISSIONER OF INCOME TAX BANGALORE-1 C R BUILDING, QUEENS ROAD BANGALORE-560001
THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-11(5) R P BAHVAN, OPP RESERVE BANK OF INDIA NRUPATHUNGA ROAD BANGALORE-560001 ... RESPONDENTS COMMON
W.P.7955/13 A/W W.P.7956/13
2 (By Sri.: M THIRUMALESH, ADV. )
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 NOT TO PASS THE ASSESSMENT ORDER FOR THE ASSESSMENT YEAR 2008-09 AND 2007-08 RESPECTIVELY TILL DISPOSAL OF THE APPEAL BY THE TRIBUNAL.
THESE WRIT PETITIONS COMING ON FOR PRL.HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Since common questions of fact and that of law arise for decision making, hence with the consent of the learned counsel for the parties, petitions are clubbed together, finally heard and are disposed of by this order.
Even according to the learned counsel for the parties if the petitioner prefers an application to postpone the conclusion of the assessment for the assessment years 2007-08 and 2008-09, the Assessing Authority would consider the same and pass orders in accordance with law, regard being had to the fact that, the question as to whether privilege fee is a deduction or not under the Income-tax Act is subject matter of
W.P.7955/13 A/W W.P.7956/13
3 decision making in an appeal preferred by the petitioner pending before the Income-tax Appellate Tribunal, fixing the date of hearing as 13.3.2013.
Reserving liberty to the petitioner to file an application before the Assessing Authority as noticed supra, by 8/3/2013 and to appear before the Assessing Authority on 11.3.2013 and the Assessing Authority to pass orders on 13.3.2013, these petitions are accordingly disposed of. The Income-tax Appellate Tribunal to conclude the hearing of the two appeals on 13.3.2013 and proceed to pass orders on 18.3.2013.
Sd/- JUDGE