Ita/344/2007 Of The Commissioner Of Income Tax v. M/S Nadatur Holdings And Investments Pvt Ltd

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 31ST DAY OF OCTOBER 2012 PRESENT THE HON'BLE MR. JUSTICE K.SREEDHAR RAO AND THE HON'BLE MR. JUSTICE B.V.PINTO BETWEEN: ITA No.344/2007 1THE COMMISSIONER OF INCOME TAX,CENTRAL CIRCLE,C.R.BUILDING,QUEENS ROAD,BANGALORE. 2.THE ASSISTANT COMMISSIONER OF INCOME TAX,CIRCLE 12(1),C.R. BUILDING,QUEENS ROAD,BANGALORE. APPELLANTS (BY SRI K.V. ARAVIND, ADVOCATE) AND: M/S. NADATUR HOLDINGS & INVESTMENTS PVT. LTD.,NO.406, 8TH MAIN ROAD,4TH BLOCK, JAYANAGAR, BANGALORE. (BY SRI K.S. RAMABHADRAN, ADVOCATE) RESPONDENT This ITA is filed u/S.260-A of I.T. Act, 1961 arising out of Order dated 11-10-2006 passed in ITA No.3096/Bang/2004 for the Assessment Year 2001-02, praying that this Hon'ble Court may be pleased to: (i) formulate the substantial questions of law stated therein and (ii) allow the appeal and set aside the order passed by the ITAT, Bangalore in ITA No.3096/Bang/2004 dated 11-10-2006 & confirm the order of the Appellate Commissioner confirming the order of the Appellate Commissioner and confirm the order passed by the Asst. Commissioner of Income Tax, Circle-12(1), Bangalore, in the interest of justice and equity. This Appeal is coming on for hearing this day, SREEDHAR RAO, J., delivered the following: JUDGMENT This court in ITA No.1400/2006, pertaining to the earlier assessment year has answered the question of law against the revenue. In the present case, similar question of law would arise. Therefore, the same is answered against the revenue. Accordingly the appeal is dismissed. Sd/-JUDGE psg* Sd/-JUDGE