Ita/572/2017 Of Principal Commissioner Of Income Tax-V v. M/S. Rajeev Gandhi Rural

IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 05 DAY OF NOVEMBER, 2018 BEFORE THE HON BLE MR. JUSTICE RAVI MALIMATH AND| THE HON'BLE MR. JUSTICE A.S.BELLUNKE |INCOME TAX APPEAL NO.5/2 OF J2ZO BETWEEN: 1.PRINCIPAL COMMISSIONER OF INCOME TAX-V/BMTC COMPLEX, KORAMANGALA|BENGALURU - 560 O95.BMTC COMPLEX, KORAMANGALA|BENGALURU - 560 O95. 2).THE DEPUTY COMMISSIONEROF INCOME TAX, CIRCLE 5(1)(1)BENGALURU,OF INCOME TAX, CIRCLE 5(1)(1)BENGALURU, ..APPELLANTS (BY SRI: SANMATHI E I, ADVOCATE) AND M/S. RAJEEV GANDHI RURALHOUSING CORPORATION LIMITED41TH FLOOR, KHB COMPLEXCAUVERY BHAVAN, K G ROADBENGALURU -560 O09PAN: AABCR5689N., ... RESPONDENT THIS|INCOME|TA®XAPPEAL|IS|FILED|UNDER|SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT|OF ORDER DATED 08.03.2017 PASSED IN C.O.NO. IN_55/BANG/2016 IN ITA NO.203/BANG/2016, FOR THE.ASSESSMENT YEAR 2008-2009, PRAYING THIS HON BLE COURT TO DECIDE THE FOREGOING QUESTION OF LAW|AND/OR SUCH OTHER QUESTIONS OF LAW AS MAY BE.FORMULATED BY THE HON BLE COURT AS DEEMED FIT|AND|SETASIDE|THE|APPELLATEORDER.DATED08.03.2017 PASSED BY THE INCOME JAX APPELLATE.TRIBUNAL, ‘CCBENCH,BENGALURU,C.O.NO.IN|55/BANG/2016IN|ITANO.203/BANG/2016FOR|ASSESSMENT YEAR 2OO8-O9 AS SOUGHT FOR IN THIS.APPEAL; AND TO GRANT SUCH OTHER RELIEF AS DEEMED|FIT, IN THE INTEREST OF JUSTICE. AK AK THIS INCOME TAX APPEAL COMING ON FORADMISSION THIS DAY, RAVI MALIMATH J., DELIVERED|THE FOLLOWING: JUDGMENT The learned Counsel for the appellants submit that|the first substantial question of law does not arise forconsideration. Hence, he restricts his submission only so.far as substantial question of law Nos.2 and 3. Hecontends that the second and third substantial questions of.law are covered by the judgment of this Court in the case. of COMMISSIONER OF INCOME TAX AND ANOTHER VS.|KARNATAKAURBANINFRASTRUCTUREDEVELOPMENT|AND FINANCE CORPORATION in [TA No.2418 of 2005|disposed off on 21.02.2006 reported in 284 ITR page 582. Hence, he pleads that the appeal be disposed off. 2).The submission of the learned counsel for the|appellants is placed on record. The appeal is accordingly disposed off. | SD/- |JUDGE SD/-_ JUDGE *pgn/-|