Ita/333/2010 Of Commissioner Of Income Tax-Iii v. Shri Shiva S Karkera

IN THER HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2 DAY OF JUNE 2015, ~PRESENT: THE HON’BLE MR.JUSTICE MOHAN M. SHANTANAGOUDAR AND THE HON’BLE MR.JUSTICE|ARAVIND KUMAR 1T.A. NO.333 OF 2010 BETWEHEN 1.|COMMISSIONER OF INCOME TAX-IIL CHRENTRAL REVENUE BUILDING QUEENS ROAD) BANGALORE — 560 O01. 2ADDITIONAL COMMISSIONER. OBR INCOME TAX UDUPI RANGEUDUPL.UDUPL. .APPELLANTS (BY SRLE.SANMATHI INDRAKUMAR, STANDING ©COUNSEL] AN D SHRI.SHIVA S KARKERAPWD CONTRACTOR, KODI KANYANA, UDUPI RESPONDENT (BY SRLA.SHANKAR, ADV.) | THIS APPEAL IS FILBEID UNDER SECTION 260-A OLT.ACT, 1961 ARISING OUT OF ORDER DATED 26.04.2010|PASSEDIN|ITANO.419/BANG/2009,KOR,THE.ASSESSMENT YEAR 2005-06, WITH A PRAYER TO = ()FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW|STATED THEREIN Gai) ALLOW THE APPEAL AND SET|ASIDE THE ORDER PASSED BY THE ITAT, “B’ BENCH,|BANGALORE IN ITA NO.419/BANG/2009 DATED 26.04.2010|IN THE INTEREST OF JUSTICE. THIS APPEAL COMING ON FOR,HEARING“THIS DAYMOHAN M SHANTANAGOUDARK /.DELIVERED ‘THEFOLLOWING:- JUDGMENT It is brought to the notice of the court by the learned counsel for the appellants that the appeal has becomeinfructuous in view of the orders passed by the Assessing Officer after remand. Hence, the appeal standsdismissed as having become infructuous. However, the contentions raised|in this appeal are kept open to be urged in I.T.A.No.278/2014. SS. Sd/- JUDGE Sd/- JUDGE