Karnataka High Court
Smt. Uma Nitesh Bera vs The Asst. Commissioner Of Income Tax on 20 February, 2023
Author: P.S.Dinesh Kumar
Bench: P.S.Dinesh Kumar
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ITA No. 58 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY, 2023
PRESENT
THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR
AND
THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR
INCOME TAX APPEAL NO. 58 OF 2021
BETWEEN:
SMT. UMA NITESH BERA
AGED ABOUT 37 YEARS
NO.25/1, 3RD FLOOR
K.R.SHETTYPET, ANANDAPPA LANE
AVENUE ROAD
BENGALURU-560 002
PAN:AHZPB5658B ...APPELLANT
(BY SHRI. S. ANNAMALAI, ADVOCATE)
AND:
Digitally signed
by YASHODHA N THE ASST. COMMISSIONER OF INCOME TAX
Location: HIGH CIRCLE-5(2)(1), BMTC BUILDING
COURT OF 80 FT ROAD, KORAMANGALA
KARNATAKA BENGALURU-560 040 ...RESPONDENT
(BY SHRI. M. DILIP, STANDING COUNSEL FOR
SHRI. K.V. ARAVIND SENIOR STANDING COUNSEL)
THIS ITA IS FILED UNDER SEC.260-A OF INCOME TAX ACT
1961, ARISING OUT OF ORDER DATED 21.06.2019 PASSED IN ITA
NO.896/BANG/2018, FOR THE ASSESSMENT YEAR 2008-2009 PRAYING
TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW AS STATED
THEREIN AND ANSWER THE SAME IN FAVOUR OF THE APPELLANT AND
TO ALLOW THE APPEAL AND SET ASIDE THE FINDINGS TO THE
EXTENT AGAINST THE APPELLANT IN THE COMMON ORDER PASSED BY
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ITA No. 58 of 2021
THE INCOME TAX APPELLATE TRIBUNAL, BENGALURU B BENCH IN ITA
NO. 896/BANG/2018 DATED 21.06.2019 FOR THE ASSESSMENT YEAR
2008-2009 VIDE ANNEXURE-A AND ETC.
THIS ITA, COMING ON FOR FINAL HEARING, THIS DAY,
P.S.DINESH KUMAR, J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal by the Assessee challenging the order dated 21.06.2019 in ITA No.896/Bang/2018 passed by the ITAT1, "B" Bench, Bangalore, has been admitted to consider following questions of law:
a) Whether the Tribunal ought to have adjudicated all the grounds of appeal raised by the Appellant and is not justified in adjudicating only one ground by holding that the other grounds are not argued and consequently passed a perverse order on the facts and circumstances of the case?
b) Whether the Tribunal ought to have held the notice under section 143(2) having not been issued, the same renders the assessment order bad in law and consequently passed a perverse order on the facts and circumstances of the case?
c) Whether the Tribunal ought to have held that the Appellant having duly declared the share transactions in the return of income, the invocation of provisions of section147 of the Act for the same is not warranted and consequently passed a perverse order on the facts and circumstances of the case?
[[ 1 Income tax Appellate Tribunal, Bengaluru Bench -3- ITA No. 58 of 2021
2. Heard Shri.S.Annamalai, learned advocate for the appellant-Assessee and Shri.M.Dilip, learned Standing Counsel for the respondent-Revenue.
3. At the outset, Shri Annamalai submitted that the ITAT has remanded the matter to the CIT(A)2 to consider factual matrix with regard to issuance of notice under Section 143(2) of the Act3. His grievance is that ITAT has not considered other grounds. He prayed that CIT(A) may be directed to consider all the grounds urged before the ITAT.
4. Shri Dilip for the Revenue has no objection.
5. In view of the above, the following:
ORDER
i) Appeal is disposed of;
ii) The order dated 21.06.2019 in ITA No.896/Bang/2018, passed by the ITAT, 'B' Bench, Bengaluru, is modified. The CIT(A) is directed to consider all the grounds urged before the ITAT;2
Commissioner of Income Tax (Appeals) 3 Income Tax Act, 1961 -4- ITA No. 58 of 2021
iii) Since the remand order is not disturbed, the questions of law are not answered in this appeal.
No costs.
Sd/-
JUDGE Sd/-
JUDGE YN List No.: 1 Sl No.: 53