Everglades v. Asst. Commissioner of Income-tax Central Circle 2(3), Bangalore
[Citation -2017-LL-1130-2]

Citation 2017-LL-1130-2
Appellant Name Everglades
Respondent Name Asst. Commissioner of Income-tax Central Circle 2(3), Bangalore
Court HIGH COURT OF KARNATAKA
Relevant Act Income-tax
Date of Order 30/11/2017
Assessment Year 2007-08
Judgment View Judgment
Keyword Tags requirement of satisfaction
Bot Summary: This appeal is directed against the order dated 29.07.2016 passed by the Income Tax Appellate Tribunal, C Bench, Bengaluru in ITA No.347/Bang/2012. Sri A.Shankar, learned counsel appearing for the appellant and Sri Jeevan J. Neeralgi, learned counsel appearing for the respondent, after arguing the matter for some time, submit that the impugned order may be set aside and the Tribunal may be directed to reexamine the matter in the light of a Division Bench decision of this Court dated 11.03.2016 in ITA No.447/2010 and connected appeals and in accordance with law. Having regard to the facts of the case, we accept the joint submission made by learned counsel appearing for the parties and accordingly make the following order: The order dated 29.07.2016 passed by the Income Tax Appellate Tribunal C Bench, Bengaluru in ITA No.347/Bang/2012 which is impugned in this appeal is set aside. The matter is remitted to the Tribunal for -3- ITA No.666/2016 reconsideration in accordance with law and in the light of the aforesaid decision of this Court. The Tribunal shall, inter alia, examine as to whether there was compliance of the requirement of satisfaction laid down under Section 153C of the Income Tax Act, 1961.


-1- ITA No.666/2016 IN HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS 30TH DAY OF NOVEMBER 2017 PRESENT HON BLE MR.H.G.RAMESH ACTING CHIEF JUSTICE AND HON BLE MR.JUSTICE P.S.DINESH KUMAR INCOME TAX APPEAL NO. 666/2016 BETWEEN : M/S.EVERGLADES REPRESENTED BY MEMBER OF AOP SRI DHARMENDRA KUMAR SHARMA NO.1146, 12TH MAIN, HAL 2ND STAGE BANGALORE-560 038 ...APPELLANT (BY SRI A.SHANKAR & SRI M.LAVA, ADVOCATES) AND : ASST. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 2(3), C.R.BUILDING QUEENS ROAD, BANGALORE-560 001 ...RESPONDENT (BY SRI JEEVAN J. NEERALGI, ADVOCATE) THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT, 1961, PRAYING TO FORMULATE SUBSTANTIAL QUESTIONS OF LAW AND TO SET ASIDE ORDER DATED 29.07.2016 PASSED BY ITAT, C BENCH, BENGALURU IN ITA NO.347/BANG/2012 FOR ASSESSMENT YEAR 2007-08. THIS INCOME TAX APPEAL COMING ON FOR ADMISSION, THIS DAY, ACTING CHIEF JUSTICE DELIVERED FOLLOWING: -2- ITA No.666/2016 JUDGMENT Ag.CJ (Oral): 1. This appeal is directed against order dated 29.07.2016 passed by Income Tax Appellate Tribunal, C Bench, Bengaluru in ITA No.347/Bang/2012. 2. Sri A.Shankar, learned counsel appearing for appellant and Sri Jeevan J. Neeralgi, learned counsel appearing for respondent, after arguing matter for some time, submit that impugned order may be set aside and Tribunal may be directed to reexamine matter in light of Division Bench decision of this Court dated 11.03.2016 in ITA No.447/2010 and connected appeals and in accordance with law. 3. Having regard to facts of case, we accept joint submission made by learned counsel appearing for parties and accordingly make following order: order dated 29.07.2016 passed by Income Tax Appellate Tribunal C Bench, Bengaluru in ITA No.347/Bang/2012 which is impugned in this appeal is set aside. matter is remitted to Tribunal for -3- ITA No.666/2016 reconsideration in accordance with law and in light of aforesaid decision of this Court. Tribunal shall, inter alia, examine as to whether there was compliance of requirement of satisfaction laid down under Section 153C of Income Tax Act, 1961. All contentions of both parties are kept open. Appeal disposed of. Sd/- ACTING CHIEF JUSTICE Sd/- JUDGE bkv Everglades v. Asst. Commissioner of Income-tax Central Circle 2(3), Bangalore
Report Error