Ita/100073/2015 Of The Commissioner Of Income Tax v. The Nagarbail Salt-Owners

IN THE HIGH COURT OF KARNATAKA DATBD THIS THE 19 DAY OF NOVEMBER 2Z0O1 PRESENT THE HON’BLE MR. JUSTICE ASHOK B.HINCHIGERI ANDI THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR 1.T.A.NO.100073/2015 BBRITIWE 1.THR COMMISSIONER OF INCOME TAXCHNTRAL REVBENUB BUILDINATTAVAR, MANGALURUCHNTRAL REVBENUB BUILDINATTAVAR, MANGALURU 2.THR INCOME TAX OFFICERWARD-2, SANTERI KRUJAPA BUILDINGHABBUWADA, KARWAR |WARD-2, SANTERI KRUJAPA BUILDINGHABBUWADA, KARWAR | ... APPELANTS (BY SRI Y V RAVIRAJ, ADVOCATE) AN] THR NAGARBAIL SALT-OWNERSCO-OPERATIVE SOCIBTY LIMITBDSANIKATTE, GOKARNA, KUMTA-581 326 (BY SRI ASHOK KULKARNI & SRI.H.R.KAMBIYAVAR, ADVOCATES) ... RESPONDENT THIS ITA IS FILED U/S.260A OF THE INCOME-TAXACT 1961, PRAYING TO FORMULATE THE SUBSTANTIALQUESTION OF LAW STATED ABOVE AND ALLOW) THAPPEAL AND SEI ASIDE THE ORDERS PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, PANAJI BENCH,PANAJI, IN ITA NO.256/PNJ/2014, DTD: 23.01.2015 FORTHRE ASSEHSSMENIT YRKAR 2011-12 AND CONFIRMORDER PASSED BY THE INCOME TAX OFFICER, WARD-2,SANTERI KRUJAPA BUILDING, HABBUWAD, KARWAR. THIS TTA HAVING BEKEEN HEREARD AND RESEFOR JUDGMENT, THIS DAY,P.S.DINESH KUMAR. J.PRONOUNCEDTHR FOLLOWING:-: JUDGMENT This appeal was presented by the Revenuechallenging the common order dated 23.1.20195, iLT.A.Nos.252 to 2956 & 377/PNJ/2014 so tar as itrelates to ITA 256/PNJ/2014 for the assessment yearYAPOQL1- 2. The learned standing Counsel for the Revenue and the learned Counsel for the assessee were heard onthe following substantial question of law; “Whethertherespondentsocietyassessed to tax on its income as ‘person’ asdefined under Section 2(31) of Income Tax Act,1961, is entitled to claim exemption over itsprofits paid to its members and claim it as expenditure in the accounts before offering theprofitfor tax?” 3. By a detailed order of even date, this Court hasdismissed I.T.A.No.100067/2015 for the assessmentyear 2006-07. Following the said judgment, this appealis alsodismissedwithout any order as to costs od/-JUDGE od/-JUDGE