We Are Not Inclined To Admit This Appeal For The Following Reasons v. Hence, This Appeal Is Dismissed. No Order As To Costs
High Court
10 Jun 2014 In favour of: Unclear
Forum / Bench
High Court · taphc
Parties
We Are Not Inclined To Admit This Appeal For The Following Reasons v. Hence, This Appeal Is Dismissed. No Order As To Costs
Date of order
10 Jun 2014
Assessment year(s)
—
Outcome
Dismissed
Case summary
In We Are Not Inclined To Admit This Appeal For The Following Reasons v. Hence, This Appeal Is Dismissed. No Order As To Costs, the High Court (2014) dismissed the appeal under Section 54 of the Income-tax Act.
Decision: Hence, this appeal is dismissed.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
Sections referenced in this judgment
The order — as passed by the High Court
HIGH COURT OF JUDICATURE AT HYDERABADFOR THE STATE OF TELANGANA AND THE STATE OF ANDHRAPRADESH
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
AND
I.T.T.A. No. 331 of 2014
Date: 10.06.2014
Between:
Commissioner of Income Tax-III,Hyderabad.
… Appellant
And
Smt. Nimmagadda Sridevi
… Respondent
This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDTHE HON’BLE SRI JUSTICE SANJAY KUMAR
I.T.T.A. No. 331 of 2014
JUDGMENT:(Per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta)
We have heard Sri B.Narasimha Sarma, learned counsel for theappellant, and gone through the impugned judgment and order of thelearned Tribunal.
We are not inclined to admit this appeal for the following reasons.
While deciding the issue, whether, in the facts andcircumstances of the case, the assessee was entitled to deduction underSection 54-F of the Income Tax Act, 1961 (hereafter referred to as ‘theAct’), on fact, the learned Tribunal found that within the period mentionedunder Section 54-F of the Act after the transfer of the capital gains theinvestment was made. This has been settled by almost all the HighCourts, and one such judgment is of Karnataka High Court in the caseof C.I.T. v. J.R. Subrahmanya Bhatt[[1]]. When the impugned judgment isrendered by the Tribunal on appreciation of fact and findings thereon, thisCourt is nothing to do in its appellate jurisdiction as no point of law isinvolved in this matter.
Hence, this appeal is dismissed. No order as to costs.
___________________
K.J. SENGUPTA, CJ
Date: 10.06.2014 GBS
[1]165 ITR 571
___________________
SANJAY KUMAR, J
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