Ita/303/2016 Of Commissioner Of Income Tax (Exemptions) v. M/S India Heritage Foundation

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18 DAY OF AUGUST 2020 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND| THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD LT.A. NO.303 OF 2016 BETWEEN: 1.COMMISSIONER OF INCOME TAX (EXEMPTIONS) UNITY BUILDING ANNEXE MISSION ROAD, BANGALORE-560027. 2 |DEPUTY DIRECTOR OF INCOME TAX (E) CIRCLE 17(1), BANGALORE-27.| ... APPELLANTS (By Sri. E.I. SANMATHI, ADV.,) AND: M/S. INDIA HERITAGE FOUNDATIONGOKULAM COMPLEX.8 MILE, KANAKAPURA ROAD|BANGALORE-5600627PAN: AAAT14481AM. .. RESPONDENT (By Ms. VANI H, ADV.) THIS ITA IS FILED UNDER SECTION 260-A OF I.T. ACT,1961 ARISING OUT OF ORDER DATED 30.11.2015 PASSED IN [TA|NO.363/BANG/2014 FOR THE ASSESSMENT YEAR 2009-10,|PRAYING TO: (1) 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 AND SET ASIDE THE|APPELLATE ORDER DATED 30-11-2015 PASSED BY THE ITAT, BIBENCH, BENGALURU, AS SOUGHT FOR IN THE RESPONDENT-ASSESSEE'’SCASE,IN|APPEAL|PROCEEDINGSIN|ITANO.363/BANG/2014 FOR A.Y.2009-10 AND GRANT SUCH OTHER|RELIEF AS DEEMED FIT IN THE INTEREST OF JUSTICE & ETC. THISLIACOMINGONFOR.HEARING,THISALOK ARADHE J.,DELIVERED THE FOLLOWING: DAY, JUDGMENT This appeal under Section 260A of the Income Tax)Act, 1961 (hereinafter referred to as the Act for short)has been preferred by the revenue. The subject matterof the appeal pertains to the Assessment year 2009-10.The appeal was admitted by a bench of this Court videorder dated 10.10.2017 on the following substantialquestion of law: Whether on the facts and In thecircumstances of the case, the Tribunal was_right in law in holding that as the 263 orderwas no more in existence, the consequentialorder passed by the assessing authority Is- infructuous even though the order passed bythe assessing authority is in accordance withthe directions issued by the Commissioner of[Income Tax under Section 763 of the Act andwhen the said 263 order is subject matterbefore|this|Hon’ble-HighCourtIn|TTA.No.382/2012? 2 |By a separate order passed today, we have.decided I.T.A.No.382/2012. For the reasons assigned inthe aforesaid order, tne substantial question of law isanswered in favour of the revenue and against the|assessee. In the result, the order dated 30.11.2015.passed by the Income Tax Appellate Tribunal is quashedas well as the order dated 29.10.2013 passed by theCommissioner of Income Tax (Appeals) and the orderdated 14.03.2012 passed by the Assessing Officer arequashed and the matter is remitted to the AssessingOfficer to deal with the claim of the assessee underSection 80IB(10) of the Act. --� �;;=(:)9E7'"�<36�455647�)-�:)-5=-6:�=>�� ����������� �����������