Indian Kanoon - Search engine for Indian Law

Karnataka High Court

Commissioner Of Income Tax vs M/S Bharat Hotels Limited on 2 December, 2015

Bench: Vineet Saran, S Sujatha

    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        Dated this the 2nd day of December, 2015

                             Present

       THE HON'BLE MR JUSTICE VINEET SARAN

                               &

        THE HON'BLE MRS JUSTICE S SUJATHA

            Income Tax Appeal 389 / 2009
Between
1     Commissioner of Income Tax TDS
      HMT Bhavan, Ganganagar
      Bangalore

2     Tax Recovery Officer (TDS)
      Range 18, HMT Bhavan
      Ganganagar, Bangalore                Appellants

(By Sri K V Aravind, Adv.)

And

M/s Bharat Hotels Limited
(Unit: The Grand Ashoka, Bangalore)
Kumarakrupa, High Grounds
Bangalore                                  Respondent

(By Sri Rupesh Jain for Sri D Prashanth Kumar, Adv.)


      Appeal is filed under S.260-A of the Income Tax Act
praying to allow the appeal and set aside the order dated
27.2.2009 in ITA 1269/Bang/2008, etc.
                                                    2



     Appeal coming on for hearing this day, Vineet Saran
J, delivered the following:

                        JUDGMENT

We have heared Sri K V Aravind, learned counsel for the appellants as well as Sri Rupesh Jain learned counsel for Sri D Prashanth Kumar for the respondent and have perused the record.

Learned counsel for the parties have jointly submitted that in view of the decision in ITA 393/2009 on 2.12.2015 in the case of the same assessee, the questions of law in this appeal also stand decided.

Accordingly, for the reasons given in the case of Commissioner of Income Tax Vs M/s Bharath Hotels Limited decided on 2.12.2015 in ITA 393/2009, the questions of law are answered in favour of the assessee and against the Revenue.

Appeal is accordingly, dismissed.

Sd/-

Judge Sd/-

Judge An