THE COMMISSIONER OF INCOME TAX V. M/S BOLA RAGHAVENDRA KAMATH & SONS

ITA/296/2007

AI Insights

The case involves multiple Income Tax Appeals (ITAs) filed by the Commissioner of Income Tax and the Assistant Commissioner of Income Tax against M/s Bola Raghavendra Kamath & Sons and other respondents, concerning various assessment years and block assessment periods. The appeals were primarily based on the challenge to the orders passed by the Income Tax Appellate Tribunal (ITAT), Bangalore, which had overturned the assessments made by the Income Tax authorities. The legal contention revolved around the applicability of Circular No.3/2011, which the Revenue argued should apply to pending appeals, contrary to the ITAT's application which was deemed only prospective. The High Court of Karnataka, referencing a pending Supreme Court decision on the matter, disposed of the appeals, allowing the Revenue to revive them post the Supreme Court's judgment.

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 729200 (HC-KARNATAKA)
• Appeal Type: Others
• Pronouncement Date: 09-10-2012
• Assessment Year: misc
• Other Referred Cases: ITA No. 5049, Ranka and Ranka
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: A SHANKAR LAVA; M S ALMT LEGAL ADVOCATES
• Assessee Lawyers: E INDRAKUMAR; K V ARAVIND
• Keywords: Assessment Year; Block assessment period; Income tax appeal; Substantial questions of law
• Section: 260-A

Judgement Text

" 1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 09TH DAY OF OCTOBER, 2012 PRESENT THE HON’BLE MR.JUSTICE K. SREEDHAR RAO AND THE HON’BLE MR.JUSTICE B.V.PINTO ITA NO. 296 OF 2007 C/W ITA NOS.295/2007, 687/2007 & 382/2007 ITA NO. 296 OF 2007 BETWEEN 1. THE COMMISSIONER OF INCOME TAX MANGALORE 2. THE ASST COMMISSIONER OF INCOME-TAX CIRCLE-2(1) MANGALORE ... APPELLANTS (BY SRI.E SANMATHI INDRAKUMAR, ADV.) AND M/S BOLA RAGHAVENDRA KAMATH & SONS KUKKUNDUR KARKALA-576 117 CHIKMAGALUR DIST ... RESPONDENT (BY SRI.A.SHANKAR & LAVA, ADVS.) 2 THIS ITA IS FILED U/S.260-A OF I.T.ACT, 1961 ARISING OUT OF ORDER DATED 04-08-2006 PASSED IN ITA NO. 249/BANG/2006 FOR THE ASSESSMENT YEAR 2002-03, PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO: I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN, II. ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE ITAT, BANGALORE BENCH-B, IN ITA NO. 249/BANG/2006 DATED 04-08-2006 AND CONFIRM THE ORDER PASSED BY THE ASSESSING OFFICER, IN THE INTEREST OF JUSTICE AND EQUITY. ITA NO.295 OF 2007 BETWEEN 1. THE COMMISSIONER OF INCOME TAX MANGALORE 2. THE ASST COMMISSIONER OF INCOME-TAX CIRCLE-3 MANGALORE ... APPELLANTS (BY SRI.K V ARAVIND, ADV.) AND M/S BOLA RAGHAVENDRA KAMATH & SONS KUKKUNDUR KARKALA-576 117 CHIKMAGALUR DIST ... RESPONDENT (BY SRI.A.SHANKAR & LAVA, ADVS.) THIS ITA FILED U/S.260-A OF I.T.ACT 1961 ARISING OUT OF ORDER DATED 04-08-2006 PASSED IN ITA 3 NO.1956/BANG/2004 FOR THE ASSESSMENT YEAR 1998- 99, PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO: I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN, II. ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE ITAT, BANGALORE BENCH-B IN ITA NO.1956/BANG/2004 DATED 04-08-2006, AND CONFIRM THE ORDER PASSED BY THE ASSESSING OFFICER, IN THE INTEREST OF JUSTICE AND EQUITY. ITA NO 687 OF 2007 BETWEEN 1. THE COMMISSIONER OF INCOME TAX C.R.BUILDING, QUEENS ROAD, BANGALORE. 2. THE ASSIST COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(4), C R BUILDING QUEENS ROAD BANGALORE. ... APPELLANTS (BY SRI. K V ARAVIND, ADV.) AND SRI M.M.PRASANNA KUMAR NO.357, 4TH MAIN ROAD, SADASHIVANAGAR, BANGALORE – 560 080 ... RESPONDENT (NOTICE – SERVED.) THIS ITA IS FILED U/S.260-A OF I.T.ACT, 1961 ARISING OUT OF ORDER DATED 13-04-2007 PASSED IN ITA NO. 24/BNG/2005, FOR THE BLOCK ASSESSMENT 4 PERIOD 1.4.1996 TO 1.7.2002, PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO: I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN, II. ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE ITAT BANGALORE IN ITA NO. 24/BNG/2005,DATED 13-04-2007 CONFIRM THE ORDERS OF THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(4), BANGALORE. ITA NO 382 OF 2007 BETWEEN 1. THE COMMISSIONER OF INCOME TAX NO.55/1, SHILPASHREE VIDHYARANYA COMPLEX VISHWESHWARANAGAR MYSORE 2. THE ASST COMMISSIONER OF INCOME TAX CENTRAL CIRCLE NO.55/1, SHILPASHREE VIDHYARANYA COMPLEX VISHWESHWARANAGAR MYSORE ... APPELLANTS (BY SRI. K V ARAVIND, ADV.) AND MRS.M SHANTHI KAMATH W/O VIVEKANAND KAMATH COLLEGE ROAD MERCARA ... RESPONDENT (BY M/S. ALMT LEGAL ADVOCATES) 5 THIS ITA IS FILED U/S.260-A OF I.T.ACT, 1961 ARISING OUT OF ORDER DATED 9-11-2006 PASSED IN IT(SS)A NO. 143/BNG/2004, FOR THE ASSESSMENT BLOCK PERIOD FROM 1.4.1995 TO 16.8.2001 , PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO: I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN, II. ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE ITAT BANGALORE IN IT(SS)A NO. 143/BNG/2004,DATED 9-11-2006 CONFIRM THE ORDERS OF THEASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE, MYSORE . THESE APPEALS ARE COMING ON FOR FINAL HEARING THIS DAY, SREEDHAR RAO J., DELIVERED THE FOLLOWING:- J U D G M E N T Sri C.A.Shankar and M.Lava, learned Counsel takes notice for the respondents and undertakes to file power. 2. The monetary limit in these appeals is less than Rs.10 lakhs. This Court in ITA No.3191/2006 has held that the circular No.3/2011, applies to pending appeals also and held that denial of the benefit to the pending appeals would amount to hostile discrepancy and 6 attracts Article 14 of the Constitution of India and the Revenue has preferred appeal in SLP No.27468/2012. 3. Sri E.Sanmathi Indrakumar, learned counsel for the appellant in ITA No.296/2007 relied on the decision of this Court in ITA No.5049, disposed of on 03.10.2012, wherein, a counter of findings is given by this Court in the decision, with regard to the circular No.3/11 has only prospective effect and does not apply to pending appeals and this Court has taken in the same decision in the case of Ranka and Ranka. However, this Bench in several previous appeals has taken note of the decision in the case of Ranka and Ranka and also the fact that the SLP is pending before the Supreme Court. If the Supreme Court were to dispose of the appeals with the effect that the Circular No.3/11 have prospective effect and does not have effect to pending appeals, the Revenue is at liberty to file a memo for revival of this appeal and the order in these cases should be of the similar effect. Accordingly, the 7 appeals are disposed of with liberty to the Revenue to file a memo to revive the appeals if the judgment of the Supreme Court is rendered in their favour. Sd/- JUDGE Sd/- JUDGE nvj "