The Principal Commissioner of Income Tax - Exemptions V. M/s. Institute for Development and Research in Banking Technology

ITTA/9/2020

AI Insights

The case involves an appeal by the Principal Commissioner of Income Tax - Exemptions, Hyderabad against the order of the Income Tax Appellate Tribunal, Hyderabad Bench 'A'. The Tribunal's decision, which pertained to the assessment year 2015-16, was based on a precedent set by a previous High Court judgment concerning the same assessee, the Institute for Development and Research in Banking Technology (IDRBT), Hyderabad. This earlier judgment had been affirmed by the Supreme Court. The appellant challenged the Tribunal's reliance on this precedent, but the High Court of Telangana found no merit in the appeal and dismissed it.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 719810 (HC-TELANGANA)
• Appeal Type: Others
• Pronouncement Date: 02-11-2023
• Assessment Year: misc
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Assessee Lawyers: K MAMATA CHOUDARY
• Keywords: Assessment Year 2015-16; Exemptions; High Court Judgment; Income Tax; Income tax appellate tribunal; Supreme Court Affirmation
• Section: 2604

Judgement Text

"[337s ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE N.TUKARAMJI I.T.T.A.No: I of 2020 lncome Tax Tribunal Appeal Under Section 2604 of the Income Tax Act, against the order of the lncome Tax Appellate Tribunal, Hyderabad Bench 'A', Hyderabad in ITA No.2355/Hydl2O18, for assessment Yeat 2015-16 dated 22-OS- 2019 preferred against the Order of the Commissioner of tncome Tax (Appeals)-9, Hyderabad, lTA.No.10618/ClT(A)-9lHydl2O17-18 dated 14-09-2018 preferred against the Order of the Assistant Commissioner of lncome-lax (Exemptions), Hyderabad Circle, Hyderabad PAN/GIR No. AnAn I 0204K dated 26-12-2012. Between: The Principal Commissioner of lncome Tax - Exemptions, Hyderabad ..Appellant AND M/s- [nstitute for Development and Research in Banking Technology, (IDRBT), Hyderabad. PAN - A;AiqA10204K. ..Respondent Counsel for the Appellant: Ms. K. MAMATA CHOUDARY Counsel for the Respondent: None Appeared The Court delivered the following: JUDGMENT TIII, I'oN'BLE SRI JUSTICE P.SAM KOSHY AND TII[] HoN'BLE SRI .IUSTICE N.TUKARA ,I.II I.T.T.A.No.9 of 202 0 JUD(; MENI'., tttt. tt,tn bla Sri Ju.;titt p.S.4M KoSHyt Hcard i ,1s.K.Mamata, Iearned counsel lor the appellant and pcrlrsed the rnaterial on record 2. 'ftris apocal undcr Sectio,260,4 of the Income Tax Act, 196 l. has becn prel'e,-ed bl the Revenuc as the appellant against the orcrer dt.21.05.20 l9 passcci by the Incorne 'l'ax Appellate Tribunal, Hydcr.abad Bench 'A'. Ilrdcrabad, in I.T.A.No.2355lHydl20lg for rhe Assessnrent Year 20 l5-16. 3. The perusal o1' the record wourd show that the learned rribunal whilc passing rhc i,pugned order had reried upon the judgment or'this High court in 'espect of the same assessee for the assessment vear 20r0- 201 I in ITA.Nos.Tl and 391 which stood decided on 09.10.2017. 4. It has been lurther brought to our notice that the aforesaid judgment of this I'Iigh court i.e., order dated 09.ro.2o17 was subjecred to cl.rallenge befo'e thc lIon'ble Supreme Court vide S.L.p.No.19564 of 2018 which ulti,rately, the Hon'ble Supreme court found no merits a,d was dismissed on 20.07.2018. I I i I I 2 ,l Given the lact that the Tribunal has relied upon the judgn.rent of this High Coun itself in respect of the very same assessee and whicli lurther stands alfimed by rhe Hon'ble Supreme Court, we do not find any substantial question of law made out by the appellant 6. Aocordingly, the instant Appeal fails and is rcjecred. 7. As a sequel, miscellaneous applications pending if any, shall stand closed Sd/- B.S. CHIRANJEE JOINT REGIST R //TRUE COPY// SECTION OFFICER To, 1 . The lncome Tax Appellate Tribunal, Hyderabad Bench 'A', Hyderabad. 2. The Commissioner of lncome Tax {Appeals)-9, Hyderabad. 3. The Assistant Commissioner of lncome{ax (Exemptions), Hyderabad Circle, Hyderabad. 4. One CC to [/s. K. MAMATA CHOUDARY, Advocate [OPUC] 5. Two CD Copies kam $ I I t I I I : HIGH COURT DATED:0211112023 ;: I ,i JUDGMENT tTTA.No.9 of 2020 ria srArs '1 1 I 'i i'ul 20?l * ,} v C) + THE APPEAL IS REJECTED @*' I q5 e3 "