IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY, 2019 PRESENT THE HON’BLE MR. JUSTICE L.NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R DEVDAS INCOME TAX APPEAL No.437/2019 Between:
M/s. G7 Investments Pvt., Ltd., No.86, Gokul Towers M.S.Ramaiah Road, Gokul Bengaluru – 560 024.
Rep. by its Managing Director Sri. M. N. Jahanath (By Sri. M.V. Seshachala Sr. Counsel for Sri. Aravind V. Chavan, Advocates) And :
…Appellant 1. The Deputy Commissioner of Income Tax Central Circle – 2(2) C.R. Building Queens Road Bengaluru – 560 001.
2. Commissioner of Income Tax Central Circle C.R.Building Queens Road Bengaluru – 560 001.
...Respondents (By Sri. E.I.Sanmathi A/w Sri. K.V. Arvind A/w Sri. Dilip, Advocates) This I.T.A. is filed under Section 260-A of Income Tax Act 1961, arising out of order dated 15.02.2017 passed in ITA No.1645/Bang/2016, confirming the order of the Appellate Commissioner dated 24.10.2014 bearing No.468/DCIT.CC.2(2)/CIT(A)- VI/BNG/2013-2014 and the order passed by the Deputy Commissioner of Income Tax. Central Circle- 2(2), Bengaluru dated 31.01.2014 for assessment year 2009-2010, praying to (i) Formulate the substantial questions of law as stated above; and etc., This I.T.A. coming on for orders this day, Narayana Swamy. J, delivered the following:
JUDGMENT I.A. No.1/2019 is filed for condonation of delay of 894 days in filing the appeal. Accepting the cause shown in the affidavit accompanying this application, the delay is condoned. I.A. No.1/2019 is allowed.
2. The learned Sr. counsel in this matter submitted that regarding paper book that was filed by the assesee before the Tribunal, the assessing authority had no opportunity to look into the paper book. He submits that this matter requires reconsideration at the hands of the Assessing Officer.
3. The learned counsel for the revenue does not dispute this fact that paper book was not placed before the Assessing Authority.
For the reasons stated above, the appeal is allowed and the impugned order passed by the Tribunal is set aside while remanding the matter back to the assessing authority to look into the paper book and thereafter decide the matter afresh as far as sections 2, 22(e) and 22(d) are concerned.
SD/- JUDGE SD/- JUDGE Nm