Ita/36/2013 Of M/S. Green Agro Pack (P) Ltd v. The Commissioner Of Income Tax

IN THE HIGH COURT OF KARNATAKA AT BENGALURU|DATED THIS THE 12 DAY OF MARCH 2020. PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE M. NAGAPRASANNA I.T.A.No.36/2013 BEIT WEE M/s GREEN AGRO PACK (P) LTD.,No.2821, HAL II STAGE,# CROSS, 18 MAIN,BANGALORE-560008REP. BY ITS M.D.B.M DEVAIAREHAPPELLANT| (BY SRI K.P.KUMAR, SENIOR ADV. A/WSRI ATUL K. ALUR, ADV.)SRI ATUL K. ALUR, ADV.) AND: 1.THE COMMISSIONER OF INCOME TAXC.R.BUILDING, QUEENS ROALD,BANGALORE.2D.THE DEPUTY COMMISSIONER _OF INCOME TAX, CIRCLE 11(3),KORAMANGALA|BANGALORE.—_. RESPONDENTS (BY SRI E.I.SANMATHI, ADV. FOR SRI K.V.ARAVIND, ADV.) THIS ITA IS FILED UNDER SECTION 260-A OF I.T.ACT,1961 ARISING OUT OF ORDER DATED 31.08.2012 PASSEDIN ITA No.61/BANG/2010 FOR THE ASSESSMENT YEAR2005-2006, PRAYING TO FORMULATE THE SUBSTANTIALQUESTIONS OF LAW STATED THEREIN AND ALLOW THEAPPEAL AND SET ASIDE THE ORDER OF THE [TAT IN ITANo.61/BANG/2010 DATED 31.08.2012. 2? THIS APPEAL COMING ON FOR HEARING, THIS DAY,|ALOK ARADHE J.,DELIVERED THE FOLLOWING: JUDGMENT This appeal has been filed by the assessee. under Section 260-A of the Income Tax Act, which|was admitted by the Division bench of this Court.videorderdated26.08.2013.on,following substantial questions of law:- "a)WhetherOf)the|factsandcircumstances on case the Tribunal|was justified in treating the. staffloan IS)noc.Inconnection|withbusiness as provided u/s. 10-B of|the [.T. Act? b)WhetherOf)the|factsandcircumstances on case the Tribunelwas Justified in treating the sale ofscrap is not in connection. witnexport business as provided u/s. 10-B of the [.T. Act? c) WhetherOf)the|factsandcircumstances on case the Tribunelwas Justified in confirming the orderpassed U/S. 143(3) of the I.T. Act?| adWhetherOf)thefactsand.circumstancesof.theCa SCtheTribunal was right in coming to theconclusion that tnterest earned onStaff loans and fines collected fromthe staffs as a Income from othersource Instead of business income?| e)WhetherOf)thefactsand.circumstancesof.theCa SCthecircumstancesof.theCa SCthe Tribunal was rignt in treating thesale of scrap claimed received theextent of Rs.40,385/- as a incomefrom other source against the loss ofassets/properties and directly notattributable to the Dusiness2.sale of scrap claimed received theextent of Rs.40,385/- as a incomefrom other source against the loss ofassets/properties and directly notattributable to the Dusiness2. f)WhetherOf)thefactsand.circumstances of the Tribunal wasright in withdrawing the claim ofdeduction u/s. 10-B of the I.T. Act?”|circumstances of the Tribunal wasright in withdrawing the claim ofdeduction u/s. 10-B of the I.T. Act?”| 2.|When the matter was taken up forhearing today, the learned counsel for the parties.jointly submitted that substantial questions of law.(a) to (d) Nave been answered in favour of the)assessee by the Division Bench of this Court vide. 4 orderdated|25.08.7014passed|InTTALNo.230/2008. # £It is further submitted that thsubstantial question of law namely, substantialquestion of law (e) has not been dealt with by the.Income Tax Appellate TridDunal and therefore, theorders passed by the Income Tax Appellate Tribunalas well as the Commissioner of [Income Tax(Appeals) and the Assessing Officer be quasned and.the matter be remitted to the Assessing Officer for.decision afresn on substantial question of law.namely, substantial question of law (e). ‘3.In view of the aforesaid submissionmade jointly by the learned counsel for the parties,|and as agreed to by them, the order dated31.12.2007 passed by the Assessing Officer, theorderdated|16.11.2009|passed|by|theCommissioner of Income Tax (Appeals) and tne.order dated 31.08.2012 passed by the Income Tax.Appellate Tribunal in ITA No.61/Bang/2010 are set. aside and the matter is remitted to the Assessing_ Officer to decide the substantial question of law.namely, substantial question of law (e) afresh by a Speaking order expeditiously. ‘3.In view of the aforesaid submissionmade jointly by the learned counsel for the parties,|and as agreed to by them, the order dated31.12.2007 passed by the Assessing Officer, theorderdated|16.11.2009|passed|by|theCommissioner of Income Tax (Appeals) and tne.order dated 31.08.2012 passed by the Income Tax.Appellate Tribunal in ITA No.61/Bang/2010 are set. aside and the matter is remitted to the Assessing_ Officer to decide the substantial question of law.namely, substantial question of law (e) afresh by a Speaking order expeditiously. Accordingly, the appeal is disposed of. — Sd/-|JUDGE| PIVIR Sd/-| JUDGE