Rp/100002/2019 Of The Commissioner Of Income Tax v. M/S.trident Minerals (100% Eou)

VIJAYALAKSHMIM KANKUPPIDigitally signed byVIJAYALAKSHMIM KANKUPPIDate: 2023.10.3013:45:41 +0530 - 1 - RP No. 100002 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22 DAY OF SEPTEMBER, 2023 PRESENT THE HON'BLE MR JUSTICE H.T.NARENDRA PRASAD AND THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL REVIEW PETITION NO. 100002 OF 2019 BETWEEN: 1. THE COMMISSIONER OF INCOME TAX SEDAM ROAD, GULBARGA. SEDAM ROAD, GULBARGA. 2. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-I, BALLARI. …PETITIONERS (BY SRI. Y V RAVIRAJ, ADVOCATE) AND: M/S.TRIDENT MINERALS (100% EOU) NO.811/2, NH-63 HOSAPETE ROAD, BALLARI-583201 PAN: . …RESPONDENT THIS REVIEW PETITION FILED UNDER ORDER XLVII RULE 1 OF CPC, PRAYING TO REVIEW THE JUDGMENT PASSED BY THIS HON’BLE COURT IN ITA No.100029/2014 DATED:10.10.2018 AND RESTORE THE SAME TO BE HEARD AND DISPOSED ON MERITS IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, H.T.NARENDRA PRASAD J., MADE THE FOLLOWING: - 2 - ORDER Learned counsel for the petitioners submits that they have raised two substantial questions of law but this Court in the order under review decided in respect of one substantial question of law and the other substantial question has not been answered. Hence, sought for review of the order. 2. Heard the learned counsel for the petitioners and perused the petition papers. 3. The other substantial question of law which has been raised is in respect of disallowance of excess profit under Section 108(7) r/w. sub-section 10 of Section 80(1A) at Rs.4,76,52,375/-. 4. Since, in respect of that issue, the Tribunal has remanded the matter to the authorities for re-consideration, there is no adverse order passed against the revenue and no prejudice would be caused. Hence, there is neither jurisdictional infirmity nor error apparent NC: 2023:KHC-D:11078-DBRP No. 100002 of 2019 on the face of the record and no ground is made out to review the order made by this Court. 5. Hence, review petition is dismissed. Sd/- JUDGE Sd/- JUDGE CM List No.: 19 Sl No.: 1