Shri v. Soumini Reddyno

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27 DAY OF FEBRUARY 2071.PRESENT| THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’‘’BLE MR. JUSTICE NATARAJ RANGASW A BETWEEN: ILT.A. NO.126 OF 2014 1.|COMMISSIONER OF INCOME-TA® C.R. BUILDINGS -III QUEENS ROAD, BANGALORES560001. 2.|DEPUTY COMMISSIONER OF INCOME TAXCIRCLE 7(2), BANGALORE. CIRCLE 7(2), BANGALORE. (BY SRI. E.R. INDRAKUMAR, SR. COUNSEL A/WSRI. E.I. SANMATHI, ADV.,) AND" .., APPELLANTS~ SHRI. V. SOUMINI REDDYNo.44/4, CMH ROAD, INDIRANAGARBANGALORE-560038. ~. RESPONDENT (BY SRI. ASHOK A. KULKARNI, ADV.)| THIS I.T.A. IS FILED UNDER SEC. J6O0-A OF INCOME TAXACT 1961, ARISING OUT OF ORDER DATED 11.10.2013 PASSEDIN ITA NO.174/BANG/2013 AND C.O. NO.69/BANG/2013 FOR THE.ASSESSMENT YEAR 2006-07, PRAYING TO: (i) DECIDE THE FOREGOING QUESTION OF LAW AND/OR-SUCH OTHER QUESTIONS OF LAW AS MAY BE FORMULATED BYTHE HON BLE COURT AS DEEMED FIT.(ii) SET ASIDE THE APPELLATE ORDER DATED 11.10.2013|PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, A’ BENCH,BANGALORE,IN|APPEAL|PROCEEDINGS|NO,LIA NO.174/BANG/2013AND|C.O.NO.69/BANG/2013FORASSESSMENT YEAR 2006-07 AS SOUGHT FOR IN THIS APPEAL;AND TO GRANT SUCH OTHER RELIEF AS DEEMED FLT. THIS I.T.A. COMING ON FOR ADMISSION, THIS’ DAY, |ALOK ARADHE J.,DELIVERED THE FOLLOWING: | JUDGMENT This appeal under Section 260A of the Income TaxAct, 1961 (hereinafter referred to as the Act for short)has been preferred by the revenue. The subject matter|of the appeal pertains to the Assessment year 2006-07.The appeal was admitted by a bench of this Court videorder dated 26.09.2014 on the following substantial|question of law: “WhetnerOf)thefactsandcircumstances of the case, the Tribunal Is right"In|lawdeletingtheprotectiveassessment meade in the case of assesseewithout appreciating the fact that the)substantive assessment for the A. Y.7200O8 wherein the additions made in the.assessment order for A.Y.72006-O0/7 habeen included, has not reached finality in| view of the Revenue’s appeal pending|before this Hon'ble Court for A. Y.727007-08 2 |For the reasons assigned by us in thejudgmentpassed|today|InI.T.A.No.291/13,.thesubstantial question of law framed by a bench of this.court is answered against the revenue and in favour ofthe assessee. In the result, we do not find any merit in.this appeal, the same fails and is hereby dismissed. Sd/-—JUDGE. SS| Sd/-—JUDGE.