Syndicate Bank v. The Commissioner of Income-tax, Mangalore / The Deputy Commissioner of Income-tax, Circle -1, Udupi
[Citation -2020-LL-0131-109]

Citation 2020-LL-0131-109
Appellant Name Syndicate Bank
Respondent Name The Commissioner of Income-tax, Mangalore / The Deputy Commissioner of Income-tax, Circle -1, Udupi
Court HIGH COURT OF KARNATAKA
Relevant Act Income-tax
Date of Order 31/01/2020
Judgment View Judgment
Keyword Tags substantial question of law
Bot Summary: It was admitted by the Bench of this Court vide order dated 23.06.2014 on the following substantial question of law: 9.1 Whether on the facts, in the circumstances and on the grounds and contentions urged, the Tribunal was right in holding that the amount deductible under Section 36(1) of the Act would have to be limited to the amount actually provided for in the books; 3 9.2 Whether on the facts, in the circumstances and on the grounds and contentions urged: The Tribunal was right in remitting the issue to the Assessing Officer for arriving at the expenditure disallowable under Section 14A of the Act The Tribunal ought to have held that no disallowance was warranted under Section 14A of the Act 2. When the matter is taken up today learned counsel for the parties jointly submitted that substantial question of law 9.1 is answered by this Court vide judgment dated 24.01.2020 passed in ITA No.258/2011. Accordingly, the aforesaid substantial question of law is answered in terms of the aforesaid judgment. It is submitted that the substantial question of law 9.2 and are covered by the judgment of this Court in ITA No.97/2010 vide judgment dated 17.01.2020. 4 Accordingly, the substantial questions of law are answered in favour of the assessee.


1 IN HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS 31ST DAY OF JANUARY 2020 PRESENT HON BLE MR. JUSTICE ALOK ARADHE AND HON BLE MR. JUSTICE RAVI V. HOSMANI ITA NO. 532 OF 2013 BETWEEN: SYNDICATE BANK HEAD OFFICE, MANIPAL-576 104, REPRESENTED BY ITS ASSISTANT GENERAL MANAGER, MR.R.RAMALINGAM ...APPELLANT (BY SRI.SURYANARAYANA T, ADVOCATE) AND: 1. COMMISSIONER OF INCOME-TAX CENTRAL REVENUES BUILDING, ATTAVARA, MANGALORE. 2. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE -1, UDUPI. RESPONDENTS (BY SRI.JEEVAN.J.NEERALGI, ADVOCATE) 2 THIS ITA IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961 PRAYING TO FORMULATE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE AND ALLOW APPEAL AND SET ASIDE ORDER OF TRIBUNAL PRONOUNCED ON 19.06.2013 IN ITA NOS.668 & 669/BANG/2010 AND 708 & 709/BANG/2010. THIS APPEAL COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED FOLLOWING: JUDGMENT This appeal under Section 260A of Income Tax Act, 1961 has been filed by assessee. It was admitted by Bench of this Court vide order dated 23.06.2014 on following substantial question of law: 9.1 Whether on facts, in circumstances and on grounds and contentions urged, Tribunal was right in holding that amount deductible under Section 36(1) (viiia) of Act would have to be limited to amount actually provided for in books; 3 9.2 Whether on facts, in circumstances and on grounds and contentions urged: (a) Tribunal was right in remitting issue to Assessing Officer for arriving at expenditure disallowable under Section 14A of Act? (b) Tribunal ought to have held that no disallowance was warranted under Section 14A of Act? 2. When matter is taken up today learned counsel for parties jointly submitted that substantial question of law 9.1 is answered by this Court vide judgment dated 24.01.2020 passed in ITA No.258/2011. Accordingly, aforesaid substantial question of law is answered in terms of aforesaid judgment. 3. It is submitted that substantial question of law 9.2 (a) and (b) are covered by judgment of this Court in ITA No.97/2010 vide judgment dated 17.01.2020. 4 Accordingly, substantial questions of law are answered in favour of assessee. Accordingly, appeal is disposed of. Sd/- JUDGE Sd/- JUDGE BVK Syndicate Bank v. Commissioner of Income-tax, Mangalore / Deputy Commissioner of Income-tax, Circle -1, Udupi
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