Ita/285/2016 Of Pr Commissioner Of Income Tax 6 v. Shri M R Seetharam

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18[TH|]DAY OF JANUARY 2071PRESENT| THE HON’BLE MR. JUSTICE ALOK ARADHE AND| THE HON’‘’BLE MR. JUSTICE NATARAJ RANGASW A BETWEEN: 1LT.A. NO.285 OF 2016 1.|PR, COMMISSIONER OF | INCOME TAX-6. BMTC COMPLEX, KORAMANGALA 2.|ASSISTANT COMMISSIONER OF INCOME TAX! CIRCLE 6(1), BANGALORE. .... APPELLANTS (BY MR. E.I. SANMATHI, ADV.,)— AND" SHRI. M.R. SEETHARAM(HUF), GOKULA HOUSE.GOKULA MATHIKERE.BANGALORE-560054 PAN: (BY MR. A. SHANKAR, SR. ADV., FOR) MR. M. LAVA, ADV.,) .., RESPONDENT THIS I.T.A. IS FILED UNDER SEC. J6O0-A OF INCOME TAXACT 1961, ARISING OUT OF ORDER DATED 09.10.2015 PASSEDIN ITA NO.926/BANG/2014 FOR THE ASSESSMENT YEAR 2004-05,PRAYING TO DECIDE THE FOREGOING QUESTION OF LAW AND/OR_SUCH OTHER QUESTIONS OF LAW AS MAY BE FORMULATED BYTHE HON BLE COURT AS DEEMED FIT AND SET ASIDE THE!APPELLATE ORDER DATED 09.10.2015 PASSED BY THE ITAT, CC. BENCH,|BENGALURU, IN|APPEAL|PROCEEDINGSNO.ITA|NO.926/BANG/2014 FOR ASSESSMENT YEAR 2004-2005, ASSOUGHT FOR IN THIS APPEAL AND TO GRANT SUCH OTHER.RELIEF AS DEEMED FIT, IN THE INTEREST OF JUSTICE. THIS ILT.A. COMING ON FOR’ HEARING, THIS DAY, |ALOK ARADHE J.,DELIVERED THE FOLLOWING: | JUDGMENT Mr.E.I.Sanmathi, learned counsel for the revenue. Mr.A.Snankar, learned Senior counsel for Mr.M.Lava,jearned counsel for the assessee. | This appeal under Section 260-A of the Income TaxAct, 1961 (nereinafter referred to as the Act, for snort) nas|been filed by the revenue. The subject matter of the appealpertains to the Assessment Year 2004-2005. The appeal wasadmitted by a Bencn of this Court vide order dated|10.10.2017 on the following substantial question of law: "Whether, on the facts and in the circumstances of.the case, tne Tribunal is rignt in dismissing theappeal preferred by the Revenue by quashing tne re-assessment order on tne ground that the said orderNas been passed by witnout supplying the reasonsfor re-opening without appreciating that the assesseeWdSswel]aware)of the)FfeaSOf?for.invoking|reassessment proceedings anda had contested theproceedings actively and decisions relief upon byRevenue nave not been reacned finality, furtherwitnout taking note of section 292BB of the Act? 2. When the matter was taken up today, learnedcounsel for the assessee submitted that the substantialquestion of law framed by tnis Court has already beenanswered by the decision of this Court in ITA No.259/2017passed on 16.01.2021. The aforesaid statement of fact couldnot be disputed by the learned counsel for the revenue. 3. For the reasons assigned in the judgment dated16.01.2021 passed in ITA No.259/2017, the substantialquestion of law framed by this Court is answered against therevenue and in favour of the assessee. In the result, the appeal fails and is hereby dismissed. Sd/-JUDGE Sd/-—JUDGE