Ita/134/2012 Of Commissioner Of Income Tax v. Sri P Shyamaraju

IN THE HIGH COURT OF KARNATAKA AT BENGALURUDATED THIS THE 20 DAY OF OCTOBER 2020 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND| THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD LT.A. NO.134 OF 2012 BEI|WEEN 1.COMMISSIONER OF INCOME-TAX CENTRAL, C.R. BUILDINGS, QUEENS ROAD, BANGALORE. 2).ASSISTANT COMMISSIONER OF | INCOME-TAX, CIRCLE-(2)2, BANGALORE. _.. APPELLANTS (BY MR. E.I.LSANMATHI, ADV.) AND SRI P.SHYAMARAJU>IV MAIN, NO.343,.UPPER PALACE ORCHARDS,SADASHIVNAGAR,BANGALORE-S80O. ~.. RESPONDENT| (MR. V.CHANDRASHEKAR, ADV.) THIS IJ§.T.A. IS FILED UNDER SECTION 260-A OI.T.ACT, 1961, ARISING OUT OF ORDER DATED 06/01/2012|PASSED IN ITA NO.441/BANG/2010 AND ITA NO.506/B/10|FOR THE ASSESSMENT YEAR 2006-07, PRAYING TO: I. FORMULATE THE SUBSTANTIAL QUESTION OF LAW|STATED THEREIN, II. SET ASIDE THE APPELLATE ORDER DATED 06/01/2012|PASSED BY THE ITAT, B BENCH, BANGALORE IN APPEAL.PROCEEDINGS|ITANO.441/BANG/2010.ANDITANO.506/B/2010, AS SOUGHT FOR IN THIS APPEAL. THIS I.T.A. COMING ON FOR FINAL HEARING, THISDAY,ALOK ARADHE J.,DELIVERED THE FOLLOWING: JUDGMENT Mr. E.I.Sanmathi, learned counsel for the revenue. Mr.V.Cnhandrashnekariearnec|counsel]for.tneaSSeSSAE., 2 |This appeal under Section 260-A of theIncome Tax Act, 1961 (hereinafter referred to as ‘theAct’, for short) has been preferred by the revenue. Thesubject matter of the appeal pertains to the Assessment Year 2006-07. The appeal was admitted by a Bench ofthis Court vide order dated 09.10.2012 on the followingsubstantial questions of law: "1, Whether, on the facts and in thecircumstances of the case, the tribunal|Wasjustified|InannullingtheassessmeniseCVeCwhen|theSaldassessments were done [in accordancewith provisions Section 158-BC r.w.s_143(3) ofI.T.Act?|circumstances of the case, the tribunal|Wasjustified|InannullingtheassessmeniseCVeCwhen|theSaldassessments were done [in accordancewith provisions Section 158-BC r.w.s_143(3) ofI.T.Act?| 2. Whether, on the facts and in_ thecircumstances of the case, the tribunal|was justified on facts and law to.annulling block assessment order passedby the assessing authority even the|rulings of this Hon’ble High Court tn ITANO.6005 of J0O10 and 6006 of JZ010 henot reached finality as SLP preferred|against said order being SLP No.17132-17133/2011arependingbefore|Supreme Court?circumstances of the case, the tribunal|was justified on facts and law to.annulling block assessment order passedby the assessing authority even the|rulings of this Hon’ble High Court tn ITANO.6005 of J0O10 and 6006 of JZ010 henot reached finality as SLP preferred|against said order being SLP No.17132-17133/2011arependingbefore|Supreme Court? 2(A). Whether, the appellate order passed bythe tribunal annulling the assessment|conciudead in the respondent-assessee’scase on account of Issuance of Joint|arrant is sustainable in terms of the|subsequent|Amendmentinvolvingthe tribunal annulling the assessment|conciudead in the respondent-assessee’scase on account of Issuance of Joint|arrant is sustainable in terms of the|subsequent|Amendmentinvolving insertion of Sec.7297-CC In the [IncomTax Act by the Finance Act 2012 with|retrospective effect from 1-4-1976?” 3. Whether, on the facts and in_ thecircumstances of the case, the tribunal|circumstances of the case, the tribunal| was Justified on facts and law_ toannulling block assessment order?”annulling block assessment order?” 3.We have heard the learned counsel for the parties. 4For the reasons assigned by us in the Judgment passed today in ITA No.132/2012, the order passed by the Tribunal dated 06.01.2012 is herebyquashed. 5.|Needless to state tnat all contentions of botn the parties are kept open on merits of the matter. 6.|In view of tne fact that we nave remitted tnematter to the Tribunal, it is not necessary for us to answer the substantial questions of law framed in thisappeal. J |The Tribunal shall make an endeavor to dispose of the appeal within a period of six months from 3. Whether, on the facts and in_ thecircumstances of the case, the tribunal|circumstances of the case, the tribunal| was Justified on facts and law_ toannulling block assessment order?”annulling block assessment order?” 3.We have heard the learned counsel for the parties. 4For the reasons assigned by us in the Judgment passed today in ITA No.132/2012, the order passed by the Tribunal dated 06.01.2012 is herebyquashed. 5.|Needless to state tnat all contentions of botn the parties are kept open on merits of the matter. 6.|In view of tne fact that we nave remitted tnematter to the Tribunal, it is not necessary for us to answer the substantial questions of law framed in thisappeal. J |The Tribunal shall make an endeavor to dispose of the appeal within a period of six months from the date of receipt of copy of this order. In the result, the appeal is disposed of. Sd/-| JUDGE JUDGE| Sd/-|