Ita/2/2012 Of Smt Padma Rekha v. The Deputy Commissioner Of Income Tax

IN THE HIGH COURT OF KARNATAKA, BANGALORE DATED THIS THE 26 DAY OF SEPTEMBER, 2012 PRESENT THR HON'BLE MR. JUSTICE K.SREBDHAR RAO ANT) THR HON'BLE MR. JUSTICK B.MANOHAR 1.T.A. No.2 OF 2012 BETWEEN: omt. Padma Rekha,“orinivasa Nilaya’,Railway Station Road,Tumkur. Appellant (By Sri A. Shankar and Sri M. Lava, Advocates) AND: The Deputy Commissioner of Income Tax,Circle-1, IInd Floor,Aayakar Bhavan,Ramakrishnanagar,Kunigal Road,Tumkur — 572105. Respondent. (By Sri G. Kamaladhar, Advocate) This 1.T.A. is filed U/s.260-A of the I.T. Act, 1961)arising out of Order dated 26.08.2011 passed in ITANo.895/Bang/2009, for the Assessment Year 2004-05,praying that this Hon’ble Court may be pleased to: |(i) formulate the substantial questions of law stated therein and (ii) allow the appeal and set aside the order passed bythe ITAT Bangalore in ITA No.895/Bang/2009, dated26.08.2011 Annexure-A, in the interest of justice and equity. This appeal is coming on for hearing this day,|SREEDHAR RAO, J..,delivered the following: JU DBGMENT The question of law raised in para 24 and 209 of theAppeal memorandum are taken up for consideration: 1.Whether the Tribunal was justified|in law in not appreciating that the introduction|of Rs.10,14,746/- is out of the funds available|and thus passed a perverse order on the tactsand circumstances oft the case. iaWhether the Tribunal was justified|in law in not remanding the matter back on thefile of the assessing officer in as much as the|order passed was under section 144 of the Actthat is without giving sufficient opportunity otfbeing heard on the facts and circumstances ofthe case. The case is admitted. At the admission stage heard thecounsel for the appellant and respondents. In the connected matter ITA No.1/2012 involving the similar question of law,the matter is remanded to the Assessing Officer for freshconsideration. In this case also, the order of the Appellateauthority is set aside, the matter is remanded to theAssessing Officer for fresh consideration. Accordingly, theappeal is disposed of. psg* od/-|JUDGE od/-|JUDGE