Ita/305/2012 Of The Commissioner Of Income-Tax v. M/S K R S Enterprises P Ltd

1 IN THR HIGH COURT OF KARNATAKA AT BANGALORE DATEKD THIS THE 1[‘T]DAY OF NOVEMBER 2014 PRESENT THR HON BLE MR. JUSTICE N. KUMAR. AND THR HON’BLE MR. JUSTICE B. MANOHAR| ITA NO.305/2012 BETWEEN; 1.The Commissioner of Income-tax C.R. Building, Queens Road Bangalore| ?.The Assistant Commissioner of — Income-Tax, Circle 11(5) C.T. Building, Queens Road Bangalore| _ APPKRLLANTS (By Sri.K.V.Aravind, Advocate) AND: M/s. K.R.S.Enterprises P.Ltd.,No.337.1A, 18[-"]Cross|Upper Palace Orchardssadashivanagar|Bangalore — 560 O80RBSPONDENT (By Sri.A.Shankar, Advocate) -0-0-0-0-O-_ oD Thisappeal1Sfiled|underSection260-A of I.T.Act, 1961 arising out of Order dated 20.04.2012|passed in ITA No.1040/Bang/2009, for the Assessment Year|2005-2006, praying that this court may be pleased to|formulate the substantial questions of law as stated therein|and allow the appeal and set aside the orders passed by the|ITAT,Bangalore|1n ITANo.1040/Bang/2009dated20.04.20 12confirmingtheorder.oT theAppellateCommissioner and confirm the order passed by the AssistantCommissioner of Income Tax, Circle-11(5), Bangalore, in the|interest of justice and equity. This appeal coming on tor Orders this’ day,N.KUMAR, J.delivered the following:- JUDGMENT This appeal is preferred by the Revenue challenging theorder of the Tribunal holding that the income from building|is income from business. The said question was considered|by this court at length in the case of Income Tax and Vs.|Velankani Information Systems (P.) Ltd. in ITA Nos. 374 &|379 of 2011 and 273 to 276/2012. 3 D2 The judgment rendered by the Tribunal is based|on facts which are not disputed and therefore, the finding islegal and valid and do not call for any interference. 3.|No substantial question of law is involved in thisappeal for consideration. Accordingly, appeal is dismissed. Bsv_ Sd/-|JUDGE. Sd/-|JUDGE. JUDGE.