Karnataka High Court
The Commissioner Of Income Tax vs M/S Mro-Tek Ltd on 26 August, 2014
Bench: N.Kumar, Rathnakala
:1:
IN THE HIGH COURT OF KARNATAKA, BANGALORE
DATED THIS THE 26TH DAY OF AUGUST 2014
PRESENT
THE HON'BLE MR.JUSTICE N.KUMAR
AND
THE HON'BLE MRS.JUSTICE RATHNAKALA
ITA NO.607 OF 2008
C/W
ITA NO.208 OF 2009
ITA NO.607/2008:
BETWEEN:
1. The Commissioner of Income Tax
C.R.Buildings, Queens Road
Bangalore - 560 001.
2. The Assistant Commissioner of Income Tax
Circle 12(1), C.R.Buildings, Queens Road
Bangalore.
...APPELLANTS
(By Sri.K.V.Aravind, Advocate)
AND:
M/s.MRO-TEK Ltd.,
MRO House
No.14, 1st 'D' Main Road
Ganganagar
Bangalore.
...RESPONDENT
:2:
(By Sri.K.R.Prasad, Advocate for M/s.K.R.Prasad)
ITA 607/2008 is filed under Section 260-A of I.T.Act,
1961 arising out of order dated 12.12.2007 passed in ITA
No.14/BNG/2007, for the Assessment Year 2001-02,
praying to formulate the substantial questions of law stated
therein and allow the appeal and set aside the order passed
by the ITAT Bangalore in ITA No.14/BNG/2007, dated
12.12.2007 confirm the orders of the Appellate
Commissioner and confirm the order passed by the
Assistant Commissioner of Income Tax, Circle-12(1),
International Taxation, Bangalore.
ITA NO.208/2009:
BETWEEN:
1. The Commissioner of Income Tax
C.R.Building, Queens Road
Bangalore.
2. The Assistant Commissioner of Income Tax
Circle 12(1), C.R.Building
Queens Road
Bangalore.
...APPELLANTS
(By Sri.K.V.Aravind, Advocate)
AND:
M/s.MRO-Tek Ltd.,
Bellary Road, Hebbal
Bangalore - 560 024.
...Respondent
(By Sri.K.R.Prasad, Advocate for M/s.K.R.Prasad)
:3:
ITA No.208/2009 is filed under Section 260-A of
I.T.Act, 1961 arising out of order dated 14.11.2008 passed
in ITA No.621/Bang/2008, for the Assessment Year 2001-
02, praying to formulate the substantial questions of law
stated therein and allow the appeal and set aside the order
passed by the ITAT Bangalore in ITA No.621/Bang/2008,
dated 14.11.2008 confirming the order of the Appellate
Commissioner and confirm the order passed by the
Assistant Commissioner of Income Tax, Circle-12(1),
Bangalore.
ITAs coming on for Hearing, this day,
N.KUMAR, J., delivered the following:
JUDGMENT
These two appeals relate to a claim put fourth by an assessee for deduction under Section 35-D of the Income Tax Act (hereinafter referred to as 'the Act') amounting to Rs.48,53,550/- for the financial year 2000-01 relevant to assessment year 2001-02.
2. Later, the assessee realized that the said claim should have been made only for the previous year 2004-05 relevant assessment year 2005-06. Therefore, he gave a letter dated 20.11.2006 to the Assessing Authority withdrawing the earlier claim made. :4:
3. Therefore, all the orders passed by the authorities in respect to the claim made under Section 35-D of the Act amounting to Rs.48,53,550/- are hereby set aside. Liberty is reserved to the assessee to put forth his claim for the previous year 2004-05 relevant assessment year 2005-06 and for the subsequent period.
4. In that view, the substantial questions of law, which are framed in these appeals, do not arise for consideration.
All contentions are left open for adjudication, if and when, such claim is made.
Ordered accordingly.
Sd/-
JUDGE Sd/-
JUDGE Prs*