Ita/65/2022 Of The Commissioner Of Income Tax v. M/S Global City Educational Trust

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY 207) PRESENT| THE HON’BLE MR. JUSTICE ALOK ARADHE AND| THE HON’BLE MR. JUSTICE M.G.S. KAMAL| BETWEEN: ILT.A. NO.65 OF 2022 1. THE COMMISSIONER OF INCOME-TAXEXEMPTIONS, 6TH FLOOR |UNITY BUILDING ANNEXEMISSION ROAD, BENGALURU 560 027. 2. THE INCOME TAX OFFICER| EXEMPTION, WARD-1 |PRESENT ADDRESS|ADDL. CIT EXEMPTIONS RANGE6TH FLOOR, UNITY BUILDING ANNEXEMISSION ROAD, BENGALURU 560 027. .... APPELLANTS (BY MR. ARAVIND K.V. ADV.,) AND" M/S. GLOBAL CITY EDUCATIONAL TRUST.135, RAMAIAH GARDENJALAKANTESHWARA TEMPLE STREET |5TH MAIN, 6TH CROSS"MALLESHPALYA, BENGALURU 560 O75PAN: AABITG3599H ~. RESPONDENT THIS I.T.A. IS FILED UNDER SEC. 260-A OF INCOME TAX|ACT 1961, ARISING OUT OF ORDER DATED 20.07.2021 PASSEDIN ITA NO.695/BANG/2020 FOR THE ASSESSMENT YEAR 2016-17,PRAYING TO: | (i) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW,STATED ABOVE. (ii) ALLOW THE APPEAL AND SET ASIDE THE ORDERS.PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BENGALURUIN ITA NO.695/BANG/2020 DATED 20/07/2021 FOR ASSESSMENTYEAR JO1L6-L/7 ANNEXURE-C CONFIRMING THE ORDER OF THAPPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED|BY THE ADDL. COMMISSIONER OF INCOME TAX, EXEMPTIONSRANGE, BENGALURU & ETC,, THIS I.T.A. COMING ON FOR ADMISSION, THIS DAY, |ALOK ARADHE J.,DELIVERED THE FOLLOWING: | JUDGMENT Mr.K.V.Aravind, learned counsel for the revenue. This appeal under Section 260-A of the Income TaxAct, 1961 (hereinafter referred to as ‘the Act’, for short) has|been filed against the order dated 20.07.2021 passed by theIncome Tax Appellate Tribunal. The following substantialquestion of law has been proposed in the memorandum ofappeal: “Whether.Of)thefactsand.inthecircumstances of tne case, tne orders passed|by CIT(A) and Tribunal are perverse in nature|in setting aside disallowance of carry forward|of deficit ignoring the fact that there’ Is no/excess provision in Act allowing such claim| and without appreciating the fact that this|would have effect of granting double benefitto assessee, first as accumulation of income|under section 11(1)(a) or corpus donation|under section 11(1)(d) in the eartier/current|year or exempt income under section 10(34)ana then as application of income under|section 11(1)(d) in subsequent years whicn Is legally not permissible? 2. The aforesaid substantial question of law nas alreadybeen answered by a Bench of this Court vide judgment dated20.01.2021 passed in ITA No.80/2016. 3. For the reasons assigned in the aforesaid judgment,we find that no substantial question of law arise for ourconsideration in this appeal. In the result, the appeal fails and is nereby dismissed. Sd/-JUDGE RV Sd/-—JUDGE