CIT & Anr. v. M/s Bangalore Housing Dev. & Investments
[Citation -2015-LL-1204-118]

Citation 2015-LL-1204-118
Appellant Name CIT & Anr.
Respondent Name M/s Bangalore Housing Dev. & Investments
Court SUPREME COURT
Relevant Act Income-tax
Date of Order 04/12/2015
Judgment View Judgment
Keyword Tags tax effect
Bot Summary: The admitted position is that on the same issue the Income Tax Appellate Tribunal had passed a common order in respect of two assessment years i.e. 2007-08 and 2008-09. An appeal under Section 260A of the Income Tax Act, 1961 was admitted by the High Court in respect of assessment year 2008-09. On the same issue, the appeal in respect of the assessment year 2007-08 was dismissed by the impugned order on the ground that the tax effect was less than Rs.10 lacs. In our opinion, the fact that on an identical issue pertaining to the assessment year 2008-09 having been admitted there is no reason why the appeal for the assessment year 2007-08 ought not to have been admitted, the issue being the same. Accordingly, we request the High Court to admit the appeal for the assessment year 2007-08 and frame substantial questions of law and tag with the appeal for the assessment year 2008-09. UPON hearing the counsel the Court made the following O R D E R Leave granted.


IN SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 14076 of 2015 (Special Leave Petition (C) No. 14754/2014) CIT & Anr. Appellant(s) VERSUS M/S BANGALORE HOUSING DEV. & INVESTMENTS Respondent(s) O R D E R Leave granted. We have heard learned counsel for parties. admitted position is that on same issue Income Tax Appellate Tribunal had passed common order in respect of two assessment years i.e. 2007-08 and 2008-09. appeal under Section 260A of Income Tax Act, 1961 was admitted by High Court in respect of assessment year 2008-09. However, on same issue, appeal in respect of assessment year 2007-08 was dismissed by impugned order on ground that tax effect was less than Rs.10 lacs. In our opinion, fact that on identical issue pertaining to assessment year 2008-09 having been admitted there is no reason why appeal for assessment year 2007-08 ought not to have been admitted, issue being same. Accordingly, we request High Court to admit appeal for assessment year 2007-08 and frame substantial questions of law and tag with appeal for assessment year 2008-09. appeal is disposed of in view of above. ....................J. [Madan B. Lokur] Signature Not Verified ....................J. Digitally signed by Meenakshi Kohli Date: 2015.12.11 [S.A. BOBDE] 05:44:11 IST Reason:NEW DELHI DECEMBER 04, 2015 1 ITEM NO.31 COURT NO.8 SECTION IIIA S U P R E M E C O U R T O F I N D I RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 14754/2014 (Arising out of impugned final judgment and order dated 30/10/2013 in ITA No. 398/2013 passed by High Court of Karnataka at Bangalore) CIT & Anr. Petitioner(s) VERSUS M/S BANGALORE HOUSING DEV. & INVESTMENTS Respondent(s) Date : 04/12/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE S.A. BOBDE For Petitioner(s) Mr. P.S. Patwalia, ASG Ms. Rekha Pandey, Adv. Mr. Tushar Bakshi, Adv. Mrs. Anil Katiyar,Adv. For Respondent(s) Mr. K. V. Mohan,Adv. Mr. R.K. Raghavan, Adv. Mr. Rajan Bhatia, Adv. Mr. K.V. Balakrishnan, Adv. UPON hearing counsel Court made following O R D E R Leave granted. appeal is disposed of in terms of signed order. (Meenakshi Kohli) (Jaswinder Kaur) Court Master Court Master (Signed order is placed on file) 2 CIT & Anr. v. M/s Bangalore Housing Dev. & Investment
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