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.2904 OF 2005 BETWEEN:
1. THE COMMISSIONER OF INCOME-TAX C. R. BUILDING QUEENS ROAD BENGALURU.
2. THE DEPUTY COMMISSIONER OF INCOME-TAX CENTRAL CIRCLE-I C. R. BUILDING QUEENS ROAD BENGALURU.
(BY SRI K. V. ARAVIND, ADVOCATE) AND:
M/S. LAKSHMI ESTATE NO.9, SESHADRI ROAD BENGALURU.
...APPELLANTS ... RESPONDENT THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 29.03.2005 PASSED IN INCOME TAX APPEAL NO.93/BANG/2000, FOR THE ASSESSMENT YEAR 1989-1990, 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.93/BANG/2000 DATED 29.03.2005 CONFIRMING THE ORDER PASSED BY THE APPELLATE COMMISSIONER AND CONSEQUENTLY CONFIRM THE LETTER ISSUED BY THE ASSESSING OFFICER DATED 14.09.1999 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. M/S LAKSHMI ESTATE in ITA No.2905 of 2005 decided on 19.04.2010, wherein it is held against the assessee and in favour of the revenue.
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/-