Green Agro Pack (P) Ltd. v. The CIT, Bangalore / The DCIT, Circle-11(3), Bangalore
[Citation -2020-LL-0312-55]

Citation 2020-LL-0312-55
Appellant Name Green Agro Pack (P) Ltd.
Respondent Name The CIT, Bangalore / The DCIT, Circle-11(3), Bangalore
Court HIGH COURT OF KARNATAKA
Relevant Act Income-tax
Date of Order 12/03/2020
Assessment Year 2004-05
Judgment View Judgment
Keyword Tags income from other source • interest earned • business income
Bot Summary: THIS APPEAL COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: JUDGMENT This appeal has been filed by the assessee under Section 260-A of the Income Tax Act, which is admitted on following substantial questions of law:- a. Whether on the facts and circumstances on case the Tribunal was justified in treating the insurance and staff loan is not in connection with business as provided u/s. 10-B of the I.T. Act b. Whether on the facts and circumstances of the case the Tribunal was right in coming to the conclusion that interest earned on staff loans and fines collected from 3 the staffs as a income from other source instead of business income c. Whether on the facts and circumstances of the case the Tribunal was right in treating the Insurance claimed received the extent of Rs.5,23,298-00 as a income from other source against the loss of assets/properties and directly not attributable to the business. When the matter is taken up for hearing today, the learned counsel for the parties jointly submitted that the controversy involved in the instant appeal is squarely covered by the decision of this Court in ITA No.230/2008, dated 25.08.2014, in the case of the assessee itself. In view of the aforesaid submissions and for the reasons assigned in ITA No.230/2008, the substantial questions of law are answered in favour 4 of the assessee and against the revenue.


1 IN HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS 12TH DAY OF MARCH 2020 PRESENT HON BLE MR. JUSTICE ALOK ARADHE AND HON BLE MR. JUSTICE M. NAGAPRASANNA I.T.A.No.183/2011 BETWEEN: M/s GREEN AGRO PACK (P) LTD., No.2821, HAL II STAGE, 6TH CROSS, 18TH MAIN, BANGALORE-560008 REP. BY ITS M.D. B.M.DEVAIAH. APPELLANT (BY SRI K.P.KUMAR, SENIOR ADV. A/W SRI ATUL K. ALUR, ADV.) AND: 1. COMMISSIONER OF INCOME TAX C.R.BUILDING, QUEENS ROAD, BANGALORE 2. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 11(3), KORAMANGALA BANGALORE. RESPONDENTS (BY SRI E.I.SANMATHI, ADV. FOR SRI K.V.ARAVIND, ADV.) THIS ITA IS FILED UNDER SECTION 260-A OF I.T.ACT, 1961 ARISING OUT OF ORDER DATED 08.04.2011 PASSED IN ITA No.675/BANG/2010 FOR ASSESSMENT YEAR 2 2004-05, PRAYING TO FORMULATE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN AND ALLOW APPEAL AND SET ASIDE ORDER PASSED BY INCOME TAX APPELLATE TRIBUNAL IN ITA No.675/BANG/2010 DATED 08.04.2011. THIS APPEAL COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED FOLLOWING: JUDGMENT This appeal has been filed by assessee under Section 260-A of Income Tax Act, which is admitted on following substantial questions of law:- a. Whether on facts and circumstances on case Tribunal was justified in treating insurance and staff loan is not in connection with business as provided u/s. 10-B of I.T. Act? b. Whether on facts and circumstances of case Tribunal was right in coming to conclusion that interest earned on staff loans and fines collected from 3 staffs as income from other source instead of business income? c. Whether on facts and circumstances of case Tribunal was right in treating Insurance claimed received extent of Rs.5,23,298-00 as income from other source against loss of assets/properties and directly not attributable to business. 2. When matter is taken up for hearing today, learned counsel for parties jointly submitted that controversy involved in instant appeal is squarely covered by decision of this Court in ITA No.230/2008, dated 25.08.2014, in case of assessee itself. 3. In view of aforesaid submissions and for reasons assigned in ITA No.230/2008, substantial questions of law are answered in favour 4 of assessee and against revenue. In result, appeal is allowed. Sd/- JUDGE Sd/- JUDGE PMR. Green Agro Pack (P) Ltd. v. CIT, Bangalore / DCIT, Circle-11(3), Bangalore
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