IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 07TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ INCOME TAX APPEAL NO.2724 OF 2005 BETWEEN:
1. THE COMMISSIONER OF INCOME-TAX C. R. BUILDING ATTAVARA MANGALURU.
2. THE ASSISTANT COMMISSIONER OF INCOME-TAX HQ, MANGALURU.
(BY SRI K. V. ARAVIND, ADVOCATE) AND:
K. THUKARAM SHENOY DOOR NO.5-75-681 OF8 NO.202, K. K. APARTMENTS KODIALBALL MANGALURU.
...APPELLANTS ... RESPONDENT THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 24.01.2005 PASSED IN INCOME TAX APPEAL NO.3606/BANG/2004, FOR THE ASSESSMENT YEAR 2001-2002, 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, BENGALURU IN INCOME TAX APPEAL NO.3606/BANG/2004 DATED 24.01.2005 CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE ASSISTANT COMMISSIONER OF INCOME TAX, MANGALURU AND TO PASS SUCH OTHER SUITABLE ORDERS AS THIS HON'BLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.
***** THIS INCOME TAX APPEAL COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT The learned Counsel for the appellants submit that the substantial question of law that arises for consideration in this appeal is covered by the judgment of this Court in the case of COMMISSIONER OF INCOME TAX AND ANOTHER Vs. SRI P.SURENDRA PRABHU in ITA No.189 of 2005 connected with ITA No.75 of 2005 decided on 21.09.2005, wherein it is held against the revenue. Hence, he pleads that the appeal be dismissed.
2. The submission of the learned counsel for the appellants is placed on record.
The appeal is accordingly disposed off.
Sd/- Sd/-
JUDGE JUDGE *bgn/-