Ita/56/2022 Of M/S Karnataka State Students Welfare Fund v. The Income Tax Officer

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY 27027 PRESENT| THE HON’BLE MR. JUSTICE ALOK ARADHE AND| THE HON’/BLE MR. JUSTICE M.G.S. KAMAL LT.A. NO.56 OF 2022 BETWEEN: M/S. KARNATAKA STATE STUDENTS WELFARE FUNDREP. BY ITS COMMISISONER|DR. VISHAL RJ“SHIKSHAK SADAN”™OPP CAUVERY BHAVANKEMPEGOWDA ROADBENGALURU 560 OO2|PAN AAAGKOIZ24L. .... APPELLAN/ (BY MR. A. SHANKAR, SR. COUNSEL FOR|MR. BHAIRAV KUTTAIAH &MR. MADHUSUDAN U.A. ADVOCATES) AND" THE INCOME TAX OFFICER|(EXEMPTIONS) WARD-1|UNITY BUILDING ANNEXUREMISSION ROAD|BANGALORE 560027 / .., RESPONDENT THIS I.T.A. IS FILED UNDER SEC. 260-A OF INCOME TAX|ACT 1961, ARISING OUT OF ORDER DATED 26.11.2020 PASSEDIN ITA NOS. 1458 TO 1462/BANG/2018, FOR THE ASSESSMENT YEARS 2009-10, 2010-11, 2011-12, 2012-13 AND 2013-14, VIDEANNEXURE-A, PRAYING TO:(i) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW,STATED ABOVE AND ANSWER THE SAME IN FAVOUR OF THE.APPELLAN!. | (ii) DIRECT THE INCOME TAX APPELLATE TRIBUNAL TO.CONSIDER THE ISSUES NOT ADJUDICATED BY THEM AND [TOTHAT EXTENT HOLD THAT THE ORDER OF THE TRIBUNAL IS BAD)IN LAW, IN THE COMMON ORDER PASSED BY THE INCOME TAXAPPELLANT TRIBUNAL, BENGALURU “C’ BENCH, ITA NOS.1458 TO.1462/BANG/2018 DATED 26/11/2020 FOR THE ASSESSMENTYEARS 2009-10, 2010-11, 2011-12, 2013-13, AND 2013-14RESPECTIVELY VIDE ANNEXURE-A AND CONSEQUENTLY TO SETASIDE THE OBSERVATION OF THE APPELLATE TRIBUNAL THAT.CERTAIN OTHER ISSUES WERE NOT ACADEMIC & ETC. THIS I.T.A. COMING ON FOR ADMISSION, THIS DAY, |ALOK ARADHE J.,DELIVERED THE FOLLOWING: | JUDGMENT This appeal under Section 260A of the Income Tax Act,1961 has been filed by the asessee against the order dated26.11.2020 passed in the Income Tax Appellate Tribunal for|the assessment years 2009-10 to 2013-14. It is pertinent tonote that the revenue had also filed the appeals against theaforesaid order of the Tribunal namely ITA Nos.250/2021,251/2021, 252/2021, 253/2021 and 2/79/2021 in respect ofAssessment Years 2009-10 to 2013-14. The aforesaidappeals were dismissed by a Bench of this Court videjudgments dated 30.11.2021 passed in the aforesaid|appeals. 2. In view of the aforesaid judgments passed in thesaid appeals, learned counsel for the assessee submits thatthe substantial questions of law involved in this appeal hasbeen rendered academic. The appeal is accordingly disposed of with liberty to theassessee to revive the same, if occasion so arises. Sd/-—JUDGE Sd/-JUDGE RV|