Ita/768/2017 Of Mr Syed Yaseen v. The Income Tax Officer

ITA No. 768/2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5 DAY OF DECEMBER 2017 PRESENT| THE HON’BLE MR.H.G.RAMESH ACTING CHIEF JUSTICE AND| THE HON’'BLE MR, JUSTICE P.S.DINESH KUMARINCOME TAX APPEAL NO.768/ 201 BETWEEN ° MR. SYED YASEENSINCE DECEASEDREPRESENTED BY HIS LRS. 1.|MRS. SALMA YASEEN| W/O LATE SYED YASEEN AGED 44 YEARS 2 |MISS. SARAH YASEEN D/O LATE SYED YASEEN AGED 22 YEARS. 3MISS SOBIYA YASEEN D/O LATE SYED YASEEN AGED 20 YEARS. ALL ARE R/AT NO.65, GROUND FLOOR| 3 BENSON CROSS| BENSON TOWN| BANGALORE - 560 046. .. APPELLANTS (BY SRI M.V.SHESHACHALA, SENIOR COUNSEL FOR|SRI ARAVIND C CHAVAN, ADVOCATE) —SRI ARAVIND C CHAVAN, ADVOCATE) — ITA No. 768/2017 AND : 1.|THE INCOME TAX OFFICER| WARD-7(2)(2) UNITY BUILDING ANNEXE FLOOR, MISSION ROAD BANGALORE —- 560 O2/ 2 |COMMISSIONER OF INCOME TAX-V\ C.R.BUILDING QUEENS ROADBANGALORE —- 560 OO1.. RESPONDENTSBANGALORE —- 560 OO1.. RESPONDENTS (BY SRI E.I.SANMATHI, ADVOCATE) THIS INCOME TAX APPEAL IS FILED UNDER SECTION260-A OF I.T.ACT, 1961 PRAYING TQ FORMULATE THE|SUBSTANTIAL QUESTIONS OF LAW AND [TO SET ASIDE THEORDER DATED 16.06.2017 PASSED BY THE ITAT, BENGALURU.IN ITA NO.411/BANG/2015 FOR THE ASSESSMENT YEAR 200/7-2008. THIS INCOME TAX APPEAL COMING ON FOR ADMISSION,THIS DAY,THE ACTING CHIEF JUSTICE|DELIVERED THE.FOLLOWING: JUDGMENT Ag.CJ (Oral): 1.Sri M.V.Seshachala, learned Senior Counsel appearingfor the appellants and Sri E.I.Sanmathi, learned StandingCounsel appearing for the respondents jointly submit that|the order dated 16.06.2017 (Annexure-D) passed by the)Income Tax Appellate Tribunal, Bangalore Bench “B”impugned in this appeal may be set aside and the matter| - -3- ITA No. 768/2017 may be remitted to the Tribunal for reconsideration inaccordance witn Jaw. ?Having regard to the facts of the case, we accept the|joint submission made by the learned Counsel appearing for|the parties and accordingly, make the following order: The aforesaid order dated 16.06.2017 (Annexure-D)|is set aside and the matter is remitted to the Income Tax!Appellate Tribunal for reconsideration in accordance with|law. All contentions of both the parties are kept open. | Appeal disposed of. | LB. Sd/- ACTING CHIEF JUSTICE| Sd/- | JUDGE|