The CIT, LTU, Bangalore / The JCIT, LTU, Bangalore v. Vijaya Bank
[Citation -2020-LL-0122-95]

Citation 2020-LL-0122-95
Appellant Name The CIT, LTU, Bangalore / The JCIT, LTU, Bangalore
Respondent Name Vijaya Bank
Court HIGH COURT OF KARNATAKA
Relevant Act Income-tax
Date of Order 22/01/2020
Assessment Year 2007-08
Judgment View Judgment
Keyword Tags substantial question of law • minimum alternate tax
Bot Summary: K.V. Aravind , learned counsel for the revenue. Sri T Suryanarayana, learned Counsel for the respondent. This appeal, under Section 260-A of the Income Tax Act, 1961 has been filed by the revenue which was admitted by a Bench of this Court vide order dated 28.02.2018 on the following substantial question of law: Whether on the facts and circumstances of the case, ITAT was right in allowing the appeal of the assessee on the ground that the provisions of on the ground that the provisions of minimum alternate tax under Section 115JB of the Income Tax Act, 1961, are not applicable to the assessee-Bank because the assessee was not required to prepare its profit and loss accounts in 3 accordance with the provisions of Part-II and III of Schedule VI to the Companies Act, 1956 2. It is a common ground that the aforesaid substantial question of law is answered by us vide judgment dated 16.01.2020 passed in ITA No.18/2014. In view of the aforesaid submissions, the appeal is disposed of by answering the substantial question framed in this appeal in terms of the judgment dated 16.1.2020 passed in ITA No.18/2014.


IN HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS 22ND DAY OF JANUARY 2020 PRESENT HONBLE MR. JUSTICE ALOK ARADHE AND HONBLE MR. JUSTICE RAVI V. HOSMANI ITA No.139/2016 BETWEEN: 1. Commissioner of Income-tax, LTU JSS Tower s BSK III Stage, Bangalore 560 085 2. Joint Commissioner of Income Tax, LTU JSS Tower s BSK III Stage, Bangalore 560 085 APPELLANTS (BY SRI. K.V ARAVIND, ADVOCATE) AND: M/s Vijaya Bank, Ho: Central Accounts Dept. 41/2, M.G.Road, Bangalore,- 560 001 PAN: AAACV 4791J RESPONDENT (BY SRI. T SURYANARAYANA, ADVOCATE) THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 2 11.9.2015 PASSED IN ITA NO.760/BANG/2011,FOR ASSESSMENT YEAR 2007-2008. THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, ALOK ARADHE J., DELIVERED FOLLOWING: JUDGMENT Sri. K.V. Aravind , learned counsel for revenue. Sri T Suryanarayana, learned Counsel for respondent. This appeal, under Section 260-A of Income Tax Act, 1961 (hereinafter referred to as Act for short) has been filed by revenue which was admitted by Bench of this Court vide order dated 28.02.2018 on following substantial question of law: Whether on facts and circumstances of case, ITAT was right in allowing appeal of assessee on ground that provisions of on ground that provisions of minimum alternate tax under Section 115JB of Income Tax Act, 1961, are not applicable to assessee-Bank because assessee was not required to prepare its profit and loss accounts in 3 accordance with provisions of Part-II and III of Schedule VI to Companies Act, 1956? 2. It is common ground that aforesaid substantial question of law is answered by us vide judgment dated 16.01.2020 passed in ITA No.18/2014. 3. In view of aforesaid submissions, appeal is disposed of by answering substantial question framed in this appeal in terms of judgment dated 16.1.2020 passed in ITA No.18/2014. Accordingly, appeal is disposed of. Sd/- JUDGE Sd/- JUDGE Psg CIT, LTU, Bangalore / JCIT, LTU, Bangalore v. Vijaya Bank
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