The Commissioner of Income-tax, LTU, Bangalore / Addl. Commissioner of Income-tax, LTU, Bangalore v. Vijaya Bank
[Citation -2020-LL-0624-12]

Citation 2020-LL-0624-12
Appellant Name The Commissioner of Income-tax, LTU, Bangalore / Addl. Commissioner of Income-tax, LTU, Bangalore
Respondent Name Vijaya Bank
Court HIGH COURT OF KARNATAKA
Relevant Act Income-tax
Date of Order 24/06/2020
Assessment Year 2006-07
Judgment View Judgment
Bot Summary: Mr.Pukale Manoj Devinder, learned counsel for the respondent. This appeal under Section 260A of the Income Tax Act, 1961 has been preferred by the revenue. The subject matter of the appeal pertains to the Assessment year 2006-07. The appeal was admitted by a bench of this Court vide order dated 09.01.2013 on the following substantial question of law: Whether the tribunal was correct in holding that invoking of Section 263 of the Act by the Commissioner of Income Tax for revising the order passed by the Assessing Officer order giving effect to CIT order 3 is bad on the ground that the items considered under Section 263 of the Act, were not subject matter in appeal before the Appellate Commissioner, when the order giving effect was contrary to the finding recorded by the Appellate Commissioner in appeal and recorded a perverse finding 3. When the matter was taken up today, learned counsel for the parties jointly submitted that in view of the judgment dated 16.01.2020 passed in ITA No.18/2014 as well as judgment dated 22.01.2020 passed in ITA No.142/2016, the issue framed in this appeal has been rendered academic. For the reasons assigned by this Court in ITA Nos.18/2014 and 142/2016, the appeal is disposed of.


1 IN HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS 24TH DAY OF JUNE 2020 PRESENT HON BLE MR. JUSTICE ALOK ARADHE AND HON BLE MR. JUSTICE M.NAGAPRASANNA I.T.A. NO.417 OF 2012 BETWEEN: 1. COMMISSIONER OF INCOME-TAX LTU, JSS TOWERS, BSK III STAGE BANGALORE. 2. ADDL. COMMISSIONER OF INCOME-TAX LTU, JSS TOWERS, BSK III STAGE BANGALORE. ... APPELLANTS (BY SRI. K.V. ARAVIND, ADV.,) AND: M/S. VIJAYA BANK H.O. CENTRAL ACCOUNTS DEPARTMENT NO.41/2, M.G. ROAD, BANGALORE. ... RESPONDENT (BY SRI. T. SURYANARAYANA, ADV., FOR SRI. PUKALE MANOJ DEVINDER, ADV.,) --- THIS ITA IS FILED UNDER SECTION 260-A OF I.T. ACT, 1961, ARISING OUT OF ORDER DATED 29/06/2012 PASSED IN ITA NO.563/BANG/2011, FOR ASSESSMENT YEAR 2006-07, PRAYING THAT THIS HON BLE COURT MAY BE PLEASED TO: (I) FORMULATE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN. 2 (II) ALLOW APPEAL AND SET ASIDE ORDER DATED 29/06/2012 PASSED BY ITAT, BANGALORE IN ITA NO.563/BANG/2011 AND CONFIRM ORDER OF APPELLATE COMMISSIONER CONFIRMING ORDER PASSED BY ADDL. COMMISSIONER OF INCOME TAX, LTU, BANGALORE. THIS ITA COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED FOLLOWING: JUDGMENT Mr.K.V.Aravind, learned counsel for revenue. Mr.Pukale Manoj Devinder, learned counsel for respondent. 2. This appeal under Section 260A of Income Tax Act, 1961 (hereinafter referred to as Act for short) has been preferred by revenue. subject matter of appeal pertains to Assessment year 2006-07. appeal was admitted by bench of this Court vide order dated 09.01.2013 on following substantial question of law: (i) Whether tribunal was correct in holding that invoking of Section 263 of Act by Commissioner of Income Tax for revising order passed by Assessing Officer order giving effect to CIT (A) order 3 is bad on ground that items considered under Section 263 of Act, were not subject matter in appeal before Appellate Commissioner, when order giving effect was contrary to finding recorded by Appellate Commissioner in appeal and recorded perverse finding? 3. When matter was taken up today, learned counsel for parties jointly submitted that in view of judgment dated 16.01.2020 passed in ITA No.18/2014 as well as judgment dated 22.01.2020 passed in ITA No.142/2016, issue framed in this appeal has been rendered academic. 4. For reasons assigned by this Court in ITA Nos.18/2014 and 142/2016, appeal is disposed of. Sd/- JUDGE Sd/- JUDGE RV Commissioner of Income-tax, LTU, Bangalore / Addl. Commissioner of Income-tax, LTU, Bangalore v. Vijaya Bank
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