Ita/275/2022 Of M/S Chamundi Industrial Estate v. The Principal Commisioner Of Income Tax

Digitally signedby VIJAYA PLocation: HighCourt ofKarnataka IN THE HIGH COURT OF KARNATAKA AT BENGALURUDATED THIS THE 12 DAY OF DECEMBER, 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.275 OF 2022 BETWEEN: 1.M/S CHAMUNDI INDUSTRIAL ESTATE.A PARTNERSHIP FIRM REGISTEREDUNDER INDIAN PARTNERSHIP ACT, 1932REPRESENTED BY ITS PARTNER|SRI K J PFURUSHOTHAM AGED ABOUT 48 YEARSNO.32/7, A MAIN ROAD8 BLOCKKORAMANGALABENGALURU - 560 O95 APPELLANT| (BY SRI. VENKATESH. G., ADVOCATE) AND: 1.THE PRINCIPAL COMMISIONER OF INCOME TAX| BENGALURU - 4" FLOOR, BMTC BUILDING|80 FI ROAD, KORAMANGALA|BENGALURU - 560 095 .. RESPONDENT (BY SRI. DILIP M., ADVOCATE) -).- THIS INCOME TAX APPEAL IS FILED UNDER SECTION.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER|DATED 02/09/2021 PASSED IN ITA NO.165/BANG/2019, FORTHE ASSESSMENT YEAR 2014-2015, PRAYING TO: (A) TO FORMULATE THE SUBSTANTIAL QUESTIONS OF)LAW STATED THEREIN AND ANSWER THE SAME IN FAVOUR OF|THE APPELLANT.(B) TO ALLOW THE APPEAL AND SET ASIDE THE)FINDINGS THEREIN TO THE EXTENT AGAINST THE APPELLANT|IN THE ORDER PASSED BY THE INCOME TAX APPELLATE|TRIBUNAL IN ITA NO. 165/BANG/2019 DATED 02/09/2021|REFERRED|TOAS|ANNEXURE-ARELATINGTO.THE.ASSESSMENT YEAR 2014-2015. (C) TO PASS SUCH OTHER ORDERS, AS THIS HON'BLE|COURT DEEMS FIT AND PROPER TO MEET THE ENDS OF|JUSTICE. THIS APPEAL COMING ON FOR ADMISSION THIS DAY,P.S. DINESH KUMAR J.,DELIVERED THE FOLLOWING: JUDGMENT Shri G. Venkatesn, learned advocate for appellantsubmits that while remanding the matter, the Income Tax.Appellate TridDunal in paragraph No.6 of its order has held thatthe Assessing Officer shall not be influenced by the orderpassed by the Principal Commissioner of Income Tax while.deciding the issue. He apprehends that the Assessing Officer|might take into consideration the observations contained in theITAT Ss order. -3- 2.Shri. Dilip M, learned advocate for the Revenue innis usual fairness submits that it is an open remand order and.it may be clarified that tne Assessing Officer snali not be|influenced by the order passed by either PCIT or ITAT. His.Submission is placed on record. 3.Accordingly, this appeal isdisposed of— Clarifyingtnat the Assessing Officer snall pass order wholly uninfiuenced by the order passed either by the PCIT or the ITAT. | In view of the above, the questions of law do not requireany answer and hence not answered. No Cost, Sd/-—JUDGE| Sd/-—JUDGE|