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Karnataka High Court

M/S Pratima Builders vs Income Tax Officer on 24 November, 2011

Bench: K.L.Manjunath, K.Govindarajulu

IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD

DATED THIS THE 24TH DAY OF NOVEMBER 2011 :

PRESENT
THE HON'BLE MR.JUSTICE KsL.MANJUNATH
AND |

THE HON'BLE MR.JUSTICE K. GOVINDARAJULU

ITA No.5007/2009 |
BETWEEN: |
M/s.Pratima Builders,

Pratima Plaza, Mangalwar-Peth,
Near Gandhi Chowk, Dharwad. --

. APPELLANT
(By Sri.K.R. Prasad. Advocate.)
AND:
& incorne-tax Officer," 7
Ward-2(1), Hubli,
ar ... RESPONDENT

(By Sr1.Y.V.Raviraj, Advocate.)
This ITA is filed under Section 260-A of the
, LTAct, 1961, arising out of order dated
(31.10.2008 passed in ITA No.263/BANGALORE
- /2008, for the Assessment Year 2004-05, praying

| that this Hon'ble Court may be pleased to:

ey


hm

i) formulate the substantial questions of

law stated therein.

il) allow the appeal and set aside the order .

passed by the Income Tax Appellate Tribunal, in'.

Income Tax (Appeals) in oe [TA
No.295/CIT(A)HBL/06-07 dated (23.10.2007. and
Assessment order dated 29.12.2006, Be

This Appeal coming on for final hearing this
day, K.L.Manjunath, J, delivered 'the following

judgment:

JUDGMENT

Heard the counsel fer the parties.

2. The question of law framed in this "appeal is squarely covered by the judgment of this Court in "ITA -No.117/2003 dated 10.3.2010 . between the Commissioner of Income Tax and another vs. M/s.Khoday India Ltd., wherein the "matter has been remanded to the Assessing Officer for. fresh consideration. Accordingly, the matter is " ""vemanded to the Assessing Officer, to reconsider © Go the matter in the light of the observations made by this Court in ITA No.117/2003. sd/-

JUDGE Mrk/-