Ita/171/2020 Of The Principal Commissioner Of Income Tax v. Shri Dinakara Suvarna

Digitally signed byMALA K NLocation: HIGH COURTOF KARNATAKA IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22 DAY OF NOVEMBER, 2022 PRESENT THE HON'BLE MR JUSTICE P.S.DINESH KUMAR AND THE HON'BLE MR JUSTICE T G SHIVASHANKARE GOWDA INCOME TAX APPEAL NO. 171 OF 2020 BETWEEN: 1. THE PRINCIPAL COMMISSIONER OF INCOME TAX, 1 FLOOR, C.R.BUILDING, 1 FLOOR, C.R.BUILDING, NANDIGUDDA ROAD, ATTAVARA, MANGALURU – 575 001. 2. THE INCOME TAX OFFICER, WARD-1(2), MANGALURU. …APPELLANTS (BY SRI. SANMATHI E I., STANDING COUNSEL) AND: 1. SHRI. DINAKARA SUVARNA, PRO: BALAJI CONSTRUCTION, 1-34-3017/1, SHESHAPPA COMPOUND, ASHOKNAGAR, MANGALURU – 570 006. PAN NO. . …RESPONDENT (BY SRI.CHANDRASEKHAR V., ADVOCATE) THIS INCOME TAX APPEAL UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 24.07.2019 PASSED IN ITA NO.375/Bang/2018, FOR THE ASSESSMENT YEAR 2007-08, PRAYING TO DECIDE THE FOREGOING QUESTION OF LAW AND/OR SUCH OTHER QUESTIONS OF LAW AS MAY BE FORMULATED BY THE HON’BLE COURT AS DEEMED FIT. (a) SET ASIDE THE APPELLATE ORDER DATED:24-07-2019 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH, BANGALORE, IN APPEAL PROCEEDINGS NO.ITA NO.375/Bang/2018 [ANNEXURE – A] FOR THE ASSESSMENT YEAR 2007-08 AS SOUGHT FOR IN THIS APPEAL AND TO GRANT SUCH OTHER RELIEF AS DEEMED FIT, IN THE INTEREST OF JUSTICE. THIS APPEAL, COMING ON FOR HEARING, THIS DAY P.S. DINESH KUMAR J., DELIVERED THE FOLLOWING: JUDGMENT Shri. Chandrasekhar, learned advocate for the assessee submits that the additions made by the Revenue have been admitted in ITA No.16/2015. This Court vide order dated 08.07.2022, has allowed the appeal and deleted the additions made by the Revenue. 2. This proceedings pertains to the penalty imposed based on the additions. Since, the additions have been deleted, imposition of penalty is not sustainable. 3. The above submission is not refuted by the learned advocate for the Revenue in the usual fairness. 4. Therefore, this appeal by the Revenue must fail and accordingly, the appeal is dismissed. 5. The appeal in ITA No.16/2015 having been considered on merits, the questions of law raised in this appeal are rendered academic in nature and hence not answered. No costs. Sd/- JUDGE Sd/- JUDGE GH List No.: 1 Sl No.: 73