IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 31ST DAY OF OCTOBER 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ITA NO.438 OF 2018 BETWEEN:
M/S PRAKASH RETAIL PVT. LTD. OPPOSITE AMBALAPADY POST OFFICE UDUPI-576103 (REPRESENTED BY ITS MANAGING DIRECTOR SRI.SURYA PRAKASH K, AGED ABOUT 62 YEARS, S/O SRI BOLA POOJARY) (BY SRI SUDHEENDRA B R, ADVOCATE) AND:
THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 1,CANARA TOWERS, MISSION HOSPITAL ROAD, UDUPI-576 101 ...APPELLANT …RESPONDENT (BY SRI E I SANMATHI, ADVOCATE) THIS ITA FILED UNDER SECTION 260-A OF I.T.ACT, 1961 ARISING OUT OF ORDER DATED: 09/02/2018 PASSED IN ITA NO.1537 & 1538/BANG/2017, FOR THE ASSESSMENT YEAR 2007-
2008, & 2008-2009 PRAYING TO 1) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE.
2) ALLOW THE APPEAL AND SET ASIDE THE IMPUGNED ORDER OF THE INCOME TAX APPELLATE TRIBUNAL BEARING ITA NO.1537 & 1538/BANG/2017, DATED:09/02/2018 WHICH UPHOLDS THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS); AND 3) PASS SUCH OTHER SUITABLE ORDERS INCLUDING ORDER AS TO COSTS AS THIS HON’BLE COURT MAY DEEM FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.
THIS ITA COMING ON FOR ADMISSIONS THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Learned Counsels on both sides submit that the matter is covered by the order dated 14.09.2018 passed in ITA No.724/2007 c/w ITA Nos.315-317/2013 with reference to the assessee’s own case.
2. The appeals were disposed off and the matter was remanded for consideration of the Assessing Officer for the assessment years 2001- 2002 upto 2006-2007. The present appeal arises out of the assessment years 2007-2008 and 2008- 2009.
3. In view of the submission made, the appeal is disposed off in terms of the aforesaid order.
Sd/- Sd/-
JUDGE JUDGE JT/-