The Commissioner of Income-tax-III, Bangalore/ The Assistant Commissioner of Income-tax, Central Circle-1(2), Bangalore v. V Lakshminarayana
[Citation -2015-LL-0306-8]

Citation 2015-LL-0306-8
Appellant Name The Commissioner of Income-tax-III, Bangalore/ The Assistant Commissioner of Income-tax, Central Circle-1(2), Bangalore
Respondent Name V Lakshminarayana
Court HIGH COURT OF KARNATAKA
Relevant Act Income-tax
Date of Order 06/03/2015
Assessment Year 1998-99
Judgment View Judgment
Keyword Tags imposition of penalty
Bot Summary: RESPONDENT 2 This ITA is filed Under Sec.260-A of Income Tax Act 1961, arising out of order dated:05/06/2014 passed in ITA No.868/Bang/2010, for the Assessment Year 1998-99. THIS ITA COMING ON FOR ORDERS THIS DAY, VINEET SARAN J. DELIVERED THE FOLLOWING: JUDGMENT The revenue has preferred this appeal challenging the order passed by the Tribunal which has set aside the imposition of penalty following a judgment of this Court passed in the case of Commissioner of Income-Tax another vs- Manjunatha Cotton and Ginning Factory in 359 ITR 565. We do not see any justification to interfere with the impugned order and allow this appeal. It is submitted that the Revenue has preferred an appeal before the Hon ble Supreme Court against the said judgment of this Court and it is still pending. 3 In the event of the revenue succeeding in the appeal, liberty is reserved to the revenue to revive this appeal.


IN HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS 6TH DAY OF MARCH 2015 PRESENT HON'BLE MR. JUSTICE VINEET SARAN AND HON BLE MRS. JUSTICE S.SUJATHA ITA NO 461 OF 2014 BETWEEN 1.THE COMMISSIONER OF INCOME TAX-III C R BUILDING, QUEENS ROAD BANGALORE-560001 2.THE ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 1 (2) BANGALORE. ... APPELLANTS (BY SRI. E I SANMATHI, ADV.) AND 1.SRI V LAKSHMINARAYANA NO. 968, 17TH MAIN 14TH MAIN, BANASHANKARI-II STAGE, BANGALORE-560070. ... RESPONDENT (BY SRI. SHANKAR & SRI. M. LAVA, ADVS.) 2 This ITA is filed Under Sec.260-A of Income Tax Act 1961, arising out of order dated:05/06/2014 passed in ITA No.868/Bang/2010, for Assessment Year 1998-99. THIS ITA COMING ON FOR ORDERS THIS DAY, VINEET SARAN J. DELIVERED FOLLOWING: JUDGMENT revenue has preferred this appeal challenging order passed by Tribunal which has set aside imposition of penalty following judgment of this Court passed in case of Commissioner of Income-Tax & another vs- Manjunatha Cotton and Ginning Factory in (2013) 359 ITR 565. Therefore, we do not see any justification to interfere with impugned order and allow this appeal. However, it is submitted that Revenue has preferred appeal before Hon ble Supreme Court against said judgment of this Court and it is still pending. 3 In event of revenue succeeding in appeal, liberty is reserved to revenue to revive this appeal. With said observation, appeal is dismissed. Sd/- JUDGE Sd/- JUDGE TL Commissioner of Income-tax-III, Bangalore/ Assistant Commissioner of Income-tax, Central Circle-1(2), Bangalore v. V Lakshminarayana
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