Ita/391/2016 Of M/S Jeans Knit Pvt Ltd v. Deputy Commissioner Of Income Tax

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19 DAY OF OCTOBER 272020 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND| THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASADLT.A. NCO.391 OF 2016 BETWEEN: M/S JEANS KNIT PVT. LTD.,{A PRIVATE COMPANY LIMITED BY SHARES,INCORPORATED UNDER THE COMPANIES ACT, 1956]|HAVING ITS OFFICES AT|NO.21, E1, 2ND PHASE|INDUSTRIAL AREA, PEENYABANGALORE - 560 Q58. ... APPELLAN I (BY MR. T.SURYANARAYANA RAO, ADV.,) AND* DEPUTY COMMISSIONER OF INCOME-TAX ©CIRCLE - 11(5), BANGALORE - 560 OO1. (BY MR. JEEVAN J.NEERALGI AND|MR. E.I.LSANMATHI, ADVS.) .., RESPONDENT THIS ITA IS FILED UNDER SECTION 260-A OF I.T. ACT,|1961L ARISING OUT OF ORDER DATED 19.02.2016 PASSED IN ITANO. 745/BANG/2014 FOR THE ASSESSMENT YEAR 2009-10,PRAYING THAT THIS HON’ BLE COURT MAY BE PLEASED TO:(1) ADMIT THE INSTANT|APPEAL TO ANSWER THESUBSTANTIAL QUESTIONS OF LAW SET OUT IN PARA 24 ABOVE. (II) SET ASIDE IMPUGNED ORDER AT ANNEXURE-A PASSED|BYTHE|ITAT,TO|THE.EXTENTDISMISSINGITANO. 745/BANG/2014 FOR ASSESSMENT YEAR 2009-10 AS FILEDBY THE APPELLANT - ASSESSEE BEFORE THE TRIBUNAL AND PASS|SUCH FURTHER AND OTHER ORDERS HIN FAVOUR OF THEAPPELLANT AS THIS HON BLE COURT MAY DEEM FIT TO GRANT,IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE.INTERESTS OF JUSTICE AND EQUITY. THIS|ITACOMING|ONFOR.HEARING,|THISALOK ARADHE J.,DELIVERED THE FOLLOWING: | DAY, | JUDGMENT This appeal under Section 260A of the Income TaxAct, 1961 (hereinafter referred to as the Act for short)has been preferred by the assessee. The subject matter|of the appeal pertains to the Assessment year 2009-10.The appeal was admitted by a bench of this Court videorder dated 21.01.2019 on the following substantial|questions of law:| (i) Whether on the facts and circumstancesof the case, tribunal erred in dismissing the|appeal filed by the appellant holding the|issues to be academic?| (ii) Whether the Tribunal erred in notdeciding all the grounds raised in appellant's|appeal on merits by considering material and| SUDMISSIONS On record? (11)Whether the tribunel erred Indismissing appellant's appeal by treating thesame to be academic, inter alia, without|deciding the ground raised by appellant|cnallenging erroneous exercise of jurisdiction|by Additional Commissioner of Income underSection 144A of the Act which goes to the|root of the matter? 2.|For the reasons assigned by us in tnejudgmentpassed.today|InI.T.A.Nos.559/2015,571/2016 and 580/2016, the questions involved in these.appeals are rendered academic. Therefore, the appeal is.dismissed. Sd/-—JUDGE. SS| Sd/-—JUDGE.