Ita/1234/2006 Of The Commissioner Of Income Tax v. M/S Sriram Chits (Bangalore) Pvt Ltd

IN THE HIGH COURT OF KARNATAKA, BANGALORE DATEBD THIS THER DAY OF JULY, 2012) PRESENT THR HON BLE MR. JUSTICE K.SREEDHAR RAO ANT THR HON'BLE MR. JUSTICK B.MANOHAR 1.T.A. No. 1234 OF 2006C/W. I.T.A.No.1235 OF 2006 1L.T.A. No. 1234 OF 2006mBETWEEN: 1.The Commissioner of Income Tax, C.R. Building, Attavara, Mangalore. 2.The Assistant Commissioner of Income Tax,Circle- 12(2),C.R. Building,Circle- 12(2),C.R. Building, Queens Road,Bangalore,Bangalore, (By Sri M. Thirumalesh, Advocate) Appellants ANT) M/s. Sriram Chits (Bangalore) Pvt. Ltd..Askshodaya, I Floor, 299/31, 10[1!]Cross,Wilson Garden, Bangalore-27. (By Sri K.S. Ramabadram, Advocate) Respondent This I.T.A. is filed u/s.260-A of I.T. Act, 1961 arisingOUTot Order|dated229 03.2006passed1n ITANo.944/Bang/2003 for the Assessment Year 2000-01,praying that this Hon’ble Court may be pleased to;(i) formulate the substantial questions of law stated thereinand (11) allow the appeal and set aside the order passed bythe ITAT in ITA No.944/Bang/2003 dated 29.03.2006 andconfirm the order passed by the Asst. Commissioner ofIncome Tax, Circle-12(2), Bangalore in the interest of justiceand equity. 1.T.A. No. 1235 OF 2006: BBRITIWE 1.The Commissioner of Income Tax,C.R. Building,Attavara,C.R. Building,Attavara, Mangalore. 2.The Assistant Commissioner of Income Tax,Circle- 12(2),C.R. Building,Circle- 12(2),C.R. Building, Queens Road, Bangalore, (By Sri M. Thirumalesh, Advocate) Appellants AND: M/s. Sriram Chits (Bangalore) Pvt. Ltd..Askshodaya, I Floor,# 259/31, 10[1!]Cross,Wilson Garden,Bangalore-27. (By Smt. Vani H, Advocate) Respondent This I.T.A. is filed u/s.260-A of I.T. Act, 1961 arisingOUT|oT orderdated229 03.2006passed1nNITANo.943/Bang/2003 for the Assessment Year 1999-00Opraying that this Hon’ble Court may be pleased to;(i) formulate the substantial questions of law stated thereinand (11) allow the appeal and set aside the order passed bythe ITAT in ITA No.943/Bang/2003 dated 29.03.2006 andconfirm the order passed by the Asst. Commissioner ofIncome Tax, Circle-12(2), Bangalore in the interest of justiceand equity. These appeals are coming on for hearing this day,SREEDHAR RAO, J.,delivered the following: JU DBGMENT The facts and questions of law involved in theseappeals are similar to one involved in ITA No.409 of 2004decided on 17.11.2009 before this Court. In the cited caseand in the present cases, the parties are same. The presentappeals pertain to different assessment years. This Court inthe judgment rendered in ITA No.409/2004 at paras 11 and12 made the following observations: ert.Having heard the counsel for theparties, we are of the view that withoutconsidering the substantial questions of lawraised in this appeal, the provisions of Section145(1)(2) of the Act and in the light of thenotification dated 25.1.1996, the AssessingOfficer had not considered the effect of the same,all the orders passed by the Income TaxAppellate Tribunal, the order passed by the Commissioner of Income Tax (Appeals) and soalso the order of the Assessing Officer are to beset aside and the matter has to be reconsideredby the Assessing Officer in the light of provisionsof Section 145(1)(2) of the Act. 12.In the result, this appeal is allowed.All the orders are set aside without answeringthe substantial questions of law framed in thisappeal. The matter is remanded to the AssessingOfficer to consider the case of the assessee inview of Section 145(1)(2) of the Act. It is open tothe assessee to raise all the contentions that areopen to him before the Assessing Officerincluding the contentions now urged before us,! and remanded the matter to the Assessment Officer forfresh assessment. In these cases also, similar order has tobe passed. Accordingly, the appeals are partly allowed andthe matters are remitted to the Assessment Officer to disposeot the same in accordance with law. od/-JUDGE 12.In the result, this appeal is allowed.All the orders are set aside without answeringthe substantial questions of law framed in thisappeal. The matter is remanded to the AssessingOfficer to consider the case of the assessee inview of Section 145(1)(2) of the Act. It is open tothe assessee to raise all the contentions that areopen to him before the Assessing Officerincluding the contentions now urged before us,! and remanded the matter to the Assessment Officer forfresh assessment. In these cases also, similar order has tobe passed. Accordingly, the appeals are partly allowed andthe matters are remitted to the Assessment Officer to disposeot the same in accordance with law. od/-JUDGE od/-JUDGE