Ita/386/2008 Of The Commissioner Of Income Tax v. M/S Deepak Cables (I) Ltd

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THER 1 DAY OF OCTOBER 2014 PRESENT THR HON'BLE MR.JUSTICE N. KUMAR ANT) THR HON'BLE MR.JUSTICE B. MANOHAR 1.T.A. NO.386/2008 BETWEEN: 1. THE COMMISSIONER OF INCOME TAX,CENTRAL CIRCLE,C R BUILDING,QUEENS ROAD,BANGALORE | 2. THR DEPUTY COMMISSIONER OF.INCOME TAX.CIRCLE 2(1), C R BUILDING,QUEENS ROAD,BANGALORE ©... APPELLANTS(BY SRI.K.V.ARAVIND, ADV.) AND:M/S. DEEPAK CABLES (I) LTD.,NO.313, EMBASSY CENTRE3 FLOOR, NO.11, |CRESCBNT ROAD|BANGALORE-560 OO].... RESPONDENT(BY SMT.S.R.ANURADHA, ADV.) THIS INCOME TAX APPEAL IS UNDER SEC.260-A OF|INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED|31/10/2007 PASSED IN ITA NO.233/BANG/2006 FOR THE|ASSESSMENT YEAR 2001-2002, PRAYING THIS HON'BLE|COURT TO: 1. FORMULATE THE SUBSTANTIAL QUESTIONS OF.LAW STATE THRREBIN 2. ALLOW THE APPEAL AND SEI ASIDE THE ORDERDATED 31/10/2007 PASSED BY THE INCOME TAX)APPEBLLATETRIBUNAL,BANGALORE,IN-ITA|NO.233/BANG/2006 CONFIRMING THE ORDERS OF THE|APPELLATECOMMISSIONERANDDEPUTYCOMMISSIONER OF INCOME TAX, CENTRAL CIRCLE —- 2(1),BANGALORE.| THIS APPEAL COMING ON FOR HEARING, THIS DAY,N.AUMAR, J.,DELIVERED THE FOLLOWING: JU DBGMENT TheTEVEeETLhas preterred|this|appealchallenging the order passed by the Tribunal whichhas set aside the order imposing penalty on theground that the original assessment order itself 1svoid as it was passed beyond time. 2. The original assessment order was the subject|matter of appeal in ITA.NO.205/2008 before thisCourt where, this Court by its order dated 3.6.2014,has set aside the orders passed by the Tribunalholding it as barred by time and has held that theorder passed by the Assessing Authority is valid and itis within the time. In view of the said subsequent.events, the orders passed by the Iribunal as well asthe First Appellate Authority are unsustainable.Therefore, the impugned orders passed by theTribunal and the First Appellate Authority are lableto be set aside and the matter requires to be remittedto the First Appellate Authority to find out whether acase for imposing penalty is made out or not. Accordingly, we pass the following: 4 ORD BER The appeal is allowed. The impugned orders|passed by the First Appellate Authority as well as the Tribunal are hereby set aside and the matter isremitted back to the First Appellate Authority toconsider the question of imposing penalty afresh afterhearing both the parties. sD/-JUDGE|sD/-JUDGE| sD/- RS/*|