Commissioner Of Income Tax And Another v. M/S.dhruv

IN THE HIGH COURT OF KARNATAKA, BANGALORE DATED THIS THR 13 DAY OF AUGUST, 2012 PRESENT THER HON BLE MR. JUSTICE K.SREEBEDHAR ANT THR HON'BLE MR. JUSTICK B.MANOHAR 1.T.A. No.955 OF 2007 BBRITIWE 1.The Commissioner of Income Tax,C.R. Building,C.R. Building, Queen’s Road, Bangalore. ooThe Asst. Commissioner of Income Tax,Circle-5(1),Circle-5(1), C.R. Building, Queens Road, Bangalore. (By Sri K.V. Aravind, Advocate) Appellants AND: Dr. Syed Anwar, No. 11 Church Street,Basavanagudi,Bangalore. (By Sri A. Shankar & Sri M. Lava, Advocates) Respondent This I.T.A. is filed U/s.260-A of I.T. Act, 1961 arisingOUT|OT|orderdated10.08.2007passed1n IT(SS)A23/BANG/2005 for the Assessment Year 1991-1992 to2001-2002, praying that this Hon’ble Court may be pleasedto (i) formulate the substantial questions of law statedtherein and (ii) allow the appeal and set-aside the orderpassed by the ITAT, Bangalore in IT(SS)23/Bang/2009 dated10.08.2007|confirmingtheorderottheAppellateCommissioner and confirm the order passed by the AssistantCommissioner of Income Tax, Circleo(1), Bangalore, in theinterest of justice and equity. This appeal is coming on for final hearing this day,SREEDHAR RAO, J.,delivered the following: JU DBGMENT In view of the decision of this Court in the case otThe Commissioner of Income Tax and another Vs. M/s.Dhruv and Co.in ITA No.938/2006 decided on 10.08.2011, thequestion of law is answered in favour of revenue. The matteris remitted to the Assessing Officer for passing theconsequential order as per the observations in para 4 of thecited case. The appeal is allowed. od/-JUDGE NM* od/-JUDGE