Ita/425/2016 Of M/S Triton Valves Limited v. Assistant Commissioner Of Income Tax

- ITA No.425/2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURUDATED THIS THE 1Q DAY QF JANUARY JZ018PRESENT| THE HON’BLE MR.H.G.RAMESH#ACTING CHIEF JUSTICE. AND| THE HON’'BLE MR. JUSTICE P.S.DINESH KUMAR INCOME TAX APPEAL NO.425/ 201 BETWEEN ° M/S. TRITON VALVES LIMITEDREPRESENTED BY ITS MANAGINGDIRECTOR, SRI ADITYA M.GOKARNNO.22, SUNRISE CHAMBERSULSOOR ROAD|BANGALORE - 560 0427— APPELLANT (BY SRI SHANKAR A AND SRI M.LAVA, ADVOCATES) AND : ASSISTANT COMMISSIONER OF INCOME TAXCIRCLE 12(4), R.P.BHAVANNRUPATHUNGA ROADBANGALORE —- 560 OOL. RESPONDENT| (BY SRI E.I.SANMATHI, ADVOCATE) THIS INCOME TAX APPEAL FILED UNDER SECTION 260-A OFI.T. ACT, 1961 PRAYING TO FORMULATE THE SUBSTANTIAL.QUESTIONS OF LAW AND TO SET ASIDE THE ORDER DATED.29.04.2016 IN ITA NO.1629/BANG/2014 FOR THE ASSESSMENT|YEAR 2010-2011 PASSED BY THE ITAT C BENCH, BENGALURU. THIS INCOME TAX APPEAL COMING ON FOR ADMISSION,THIS DAY,THE ACTING CHIEF JUSTICE|DELIVERED THE.FOLLOWING: - -2- ITA No.425/2016 JUDGMENT Ag.CJ (Oral): 1.Learned counsel appearing for the appellant submits that|the appellant may be permitted to file a better affidavit in.support of the application for condonation of the delay in filing the appeal in ITA No.1629/Bang/2014 before the Income Tax.Appellate Tribunal, and consequently, the impugned order.dismissing the aforesaid appeal of the appellant on the ground.of delay may be set aside and the matter may be remitted to.the Appellate Tribunal for reconsideration in accordance with.law.. 2.Learned counsel appearing for tne respondent nas no.objection for permitting the appellant to file a better affidavitin Support of the application for condonation of the delay infiling the appeal and to set aside the impugned order and toremit the matter to the Tribunal for reconsideration. icHaving regard to the facts of the case and in the interest|of justice, we accept the submission made by the learned -C- ITA No.425/2016 counsel for the parties and accordingly make the following|order: Impugnedorder|dated29.04.7016|passedIn|ITA No.1629/Bang/2014 is set aside. The matter is remitted to.the Appellate Tribunal for reconsideration in accordance with.law. The appellant is at liberty to file a better affidavit in|support of the application for condonation of the delay in filing tne appeal in ITA No.1629/Bang/2014. | nkn.| Appeal disposed of. Sd/-| ACTING CHIEF JUSTICE| Sd/- | JUDGE