Karnataka High Court
The Commissioner Of Income Tax vs Maganoor Builders on 4 July, 2014
Bench: N.Kumar, B.Manohar
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
Dated this the 4th of July 2014
PRESENT
THE HON'BLE MR. JUSTICE N KUMAR
AND
THE HON'BLE MR. JUSTICE B MANOHAR
ITA No. 711/2008 c/w ITA No. 710/2008
BETWEEN:
1. The Commissioner of Income Tax
284/1, Park View Building,
4th Main, P.J. Extension,
Davangere - 2.
2. The Income Tax Officer
Ward-2,
Davangere. ...Appellants
(COMMON)
(By Sri Jeevan J. Neeralgi, Adv.)
AND:
Maganoor Builders
(Dissolved Firm),
No.144/1, Nittuvalli,
Davangere. ...Respondent
(COMMON)
(By Sri S. Parthasarathi, Adv.)
2
ITA No.711/08 is filed under Section 260-A of I.T. Act, 1961
arising out of order dated 30.01.2008 Annexure-A in ITA
No.835/BNG/2007 for the Assessment year 1999-2000, praying to
(i) formulate the substantial questions of law stated therein; (ii)
allow the appeal and set aside the order passed by the ITAT,
Bangalore in ITA No.835/BNG/2007 dated 30.01.2008.
ITA No.710/08 is filed under Section 260-A of I.T. Act, 1961
arising out of order dated 30.01.2008 Annexure-A in ITA
No.834/BNG/2007 for the Assessment year 1999-2000, praying to
(i) formulate the substantial questions of law stated therein; (ii)
allow the appeal and set aside the order passed by the ITAT,
Bangalore in ITA No.834/BNG/2007 dated 30.01.2008.
These appeals coming on for hearing this day, N. KUMAR J
delivered the following:
JUDGMENT
These two appeals are preferred against the order passed by the Tribunal confirming the order passed by the Commissioner of Income Tax (Appeals) who had remanded the appeal directing the Assessing Authority to adopt the market value as per the stamp duty as on the date of dissolution as per the dissolution deed dated 20.11.1998. The appeal of the assessee was partly allowed and the appeal of the revenue was dismissed. Therefore, these two appeals are preferred.
2. It is submitted that during the pendency of these appeals, in terms of the order passed by the Tribunal, the 3 Assessing Authority has valued the closing stock on the basis of the market value as per the stamp duty and passed an order of assessment. This order was challenged by the assessee before the Appellate Authority which confirmed the said order. That order was challenged by the assessee before the Tribunal. The Tribunal has dismissed this order and therefore, the said assessment has attained finality.
In view of the subsequent events, these two appeals have become infructuous. Accordingly, they are dismissed.
(SD/-) JUDGE (SD/-) JUDGE VP