Karnataka High Court
Principal Commissioner Of Income Tax-V vs M/S. Rajeev Gandhi Rural on 5 November, 2018
Bench: Ravi Malimath, A.S.Bellunke
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ON THE 05TH DAY OF NOVEMBER, 2018
BEFORE
THE HON'BLE MR. JUSTICE RAVI MALIMATH
AND
THE HON'BLE MR. JUSTICE A.S.BELLUNKE
INCOME TAX APPEAL NO.572 OF 2017
BETWEEN:
1. PRINCIPAL COMMISSIONER OF INCOME TAX-V
BMTC COMPLEX, KORAMANGALA
BENGALURU - 560 095.
2. THE DEPUTY COMMISSIONER
OF INCOME TAX, CIRCLE 5(1)(1)
BENGALURU.
...APPELLANTS
(BY SRI: SANMATHI E I, ADVOCATE)
AND:
M/S. RAJEEV GANDHI RURAL
HOUSING CORPORATION LIMITED
4TH FLOOR, KHB COMPLEX
CAUVERY BHAVAN, K G ROAD
BENGALURU -560 009
PAN: AABCR5689N.
... RESPONDENT
2
THIS INCOME TAX APPEAL IS FILED UNDER
SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT
OF ORDER DATED 08.03.2017 PASSED IN C.O.NO. IN
55/BANG/2016 IN ITA NO.203/BANG/2016, FOR THE
ASSESSMENT YEAR 2008-2009, PRAYING THIS HON'BLE
COURT TO DECIDE THE FOREGOING QUESTION OF LAW
AND/OR SUCH OTHER QUESTIONS OF LAW AS MAY BE
FORMULATED BY THE HON'BLE COURT AS DEEMED FIT
AND SET ASIDE THE APPELLATE ORDER DATED
08.03.2017 PASSED BY THE INCOME TAX APPELLATE
TRIBUNAL, 'C' BENCH, BENGALURU C.O.NO. IN
55/BANG/2016 IN ITA NO.203/BANG/2016 FOR
ASSESSMENT YEAR 2008-09 AS SOUGHT FOR IN THIS
APPEAL; AND TO GRANT SUCH OTHER RELIEF AS DEEMED
FIT, IN THE INTEREST OF JUSTICE.
*****
THIS INCOME TAX APPEAL COMING ON FOR
ADMISSION THIS DAY, RAVI MALIMATH J., DELIVERED
THE FOLLOWING:
JUDGMENT
The learned Counsel for the appellants submit that the first substantial question of law does not arise for consideration. Hence, he restricts his submission only so far as substantial question of law Nos.2 and 3. He contends that the second and third substantial questions of law are covered by the judgment of this Court in the case 3 of COMMISSIONER OF INCOME TAX AND ANOTHER VS. KARNATAKA URBAN INFRASTRUCTURE DEVELOPMENT AND FINANCE CORPORATION in ITA No.2418 of 2005 disposed off on 21.02.2006 reported in 284 ITR page 582. Hence, he pleads that the appeal be disposed off.
2. The submission of the learned counsel for the appellants is placed on record.
The appeal is accordingly disposed off.
SD/- SD/-
JUDGE JUDGE
*bgn/-