Ita/62/2011 Of The Commissioner Of Income Tax v. M/S. Prestige Estate Projects Ltd

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5 DAY OF JUNE, 2020 PRESENT THE HON’BLE MR.JUSTICE ALOK ARADHE AND THE HON’BLE MR.JUSTICE HEMANT CHANDANGOUDAR INCOME TAX APPEAL No.62/2011 BETWEEN: 1. THE COMMISSIONER OF INCOME TAX CENTRAL CIRCLE, C.R BUILDING, QUEENS ROAD, BANGALORE. BANGALORE. 2. THE DY. COMMISSIONER OF INCOME-TAX CENTRAL CIRCLE -1 (1), C.R BUILDING, QUEENS ROAD, BANGALORE. BANGALORE. …APPELLANTS (BY SRIDILIP, ADVOCATE FOR SRI K.V.ARAVIND, ADVOCATE) AND: M/S. PRESTIGE ESTATE PROJECTS LTD., THE FALCON HOUSE, MAIN GUARD CROSS ROAD, BANGALORE. ... RESPONDENT (BY SRI ASHOK A.KULKARNI, ADVOCATE) THIS INCOME TAX APPEAL FILED UNDER SECTION 260A OF INCOME TAX ACT, 1961 IS ARISING OUT OF THE ORDER DATED 30.09.2010 PASSED IN ITA.NO.184/BANG/2010 FOR THE ASSESSMENT YEAR 2006-2007 PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO (I) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN (II) ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE ITAT, BANGALORE IN ITA NO.184/BANG/2010 DATED 30.09.2010 CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), BANGALORE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS INCOME TAX APPEAL COMING ON FOR HEARING THIS DAY, ALOK ARADHE, J., DELIVERED THE FOLLOWING: JUDGMENT Mr. Dilip on behalf of Mr. K.V.Aravind, learned counsel for the appellants. Mr. Ashok A.Kulkarni, learned counsel for the respondent. This appeal under Section 260A of the Income Tax Act, 1961, was admitted by the Bench of this Court vide order dated 29.06.2011 to consider the substantial questions of law as framed in ITA.No.84/2010. 2. When the matter was taken up today, learned counsel for the appellants has stated that the substantial question of law No.1 does not arise for consideration in this appeal. It is further stated that the substantial question of law Nos.2 and 3 are covered by a decision of this Court dated 05.05.2020 rendered in ITA.No.84/2010. 3. The aforesaid submission is not disputed by the learned counsel for the respondent. 4. In view of the aforesaid submission and for the reasons assigned in the judgment dated 05.05.2020 passed in ITA.No.84/2010, the appeal is dismissed. Sd/- JUDGE Sd/- JUDGE PB