Ita/114/2023 Of The Pr.commissioner Of Income Tax v. M.g. Anand Reddy

Digitally signed byMALA K NLocation: HIGH COURTOF KARNATAKA NC: 2023:KHC:25154-DBITA No. 114 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18 DAY OF JULY, 2023 PRESENT THE HON'BLE MR JUSTICE P.S.DINESH KUMAR AND THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA INCOME TAX APPEAL NO. 114 OF 2023 BETWEEN: 1. THE PR.COMMISSIONER OF INCOME TAX CENTRAL, 3 FLOOR, C.R. BUILDING QUEEN S ROAD, BENGALURU-560 001 2. THE ASST. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(1), PRESENT ADDRESS DCIT CENTRAL CIRCLE-1(4), 3 FLOOR, C.R. BUILDING QUEEN S ROAD, BENGALURU-560 001 …APPELLANTS (BY SRI. DILIP M.,ADV.) AND: M.G. ANAND REDDY SY.NO.46/1 AND 46/2 YADAVANAHALLI VILLAGE ANEKAL TALUK, ATTIBELE HOBLI BENGALURU-562107. PAN-AARPA 3047J. …RESPONDENT (BY SRI. SHANKAR A., SR. ADV. FOR SRI. MADHUSUDHAN U A.,ADV.) THIS ITA IS FILED UNDER SEC.260-A OF THE INCOME TAX ACT 1961, PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE. II. ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL, BENGALURU IN ITA NO. 760/BANG/2021 DATED 20/09/2022 FOR ASSESSMENT YEAR 2013-2014 ANNEXURE- C AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE ORDER PASSED BY - 2 - THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -1(4), BENGALURU. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, P.S.DINESH KUMAR J., DELIVERED THE FOLLOWING: JUDGMENT This appeal by the Revenue under Section 260(A) of the Income Tax Act, 1961[1] against the order passed by the I.T.A.T.[2], Bengaluru in I.T.A. No.760/Bang/2021 dated 20.09.2022 is filed to consider the following substantial questions of law: "1. Whether on the facts and in the circumstances of the case, the Tribunal is right in law in quashing assessment order passed under section 143(3) r/w/s 153A of the Act by holding that the said orders are passed in the absence of incriminating materials ignoring that there is no requirement of incriminating materials to pass assessment order under said section as same is not stipulated in Section 153A nor under Section 132 of the Act?” 1 the 'Act' for short 2 Income-tax Appellate Tribunal 2. Whether on the facts and circumstances of the case and in law, the Tribunal's order can be said as perverse in law in quashing assessment order passed under section 143(3) r/w/s 153A of the Act ignoring object of Section 153A of the Act which stipulates that once search takes place all pending assessments are abated and assessing authority is required to assessment order under Section 153A of the Act ?.” 2. Heard Shri.M.Dilip, learned Standing Counsel for the Revenue and Shri.A.Shankar, learned Senior Advocate for the assessee. 3. Shri.A.Shankar, submits that the issues involved in this appeal are covered by the decision of Hon'ble Apex Court in favour of the assessee in Principal Commissioner of Income-tax, Central-3 -vs- Abhisar Buildwell (P.) Ltd.[3] on 24.04.2023. The said submission is not disputed by Shri.M.Dilip. 4. In view of the above, this appeal is dismissed. 5. Both the questions are answered in favour of the assessee and against the Revenue. 6. In view of the dismissal of the appeal, I.A.No.2/2023 does not survive for consideration and it is accordingly dismissed. No costs. Sd/- JUDGE Sd/- JUDGE PA CT:HS List No.: 1 Sl No.: 8 3 [2023] 149 taxmann.com 399 (SC)