High Court of Karnataka at Bengaluru considers batch of income tax appeals under Section 260-A of the Income Tax Act, 1961 challenging ITAT orders for assessment years 2001-02 to 2004-05. Assessee and Revenue both seek to set aside the ITAT decisions and frame substantial questions of law.

High Court: Karnataka High Court Bench: BENGALURU
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Case Note & Summary

The High Court of Karnataka at Bengaluru dealt with a batch of income tax appeals filed under Section 260-A of the Income Tax Act, 1961. The appeals arose from orders of the Income Tax Appellate Tribunal, Bangalore, dated 30.05.2008, 31.10.2008, and 30.01.2009, covering assessment years 2001-2002, 2002-2003, 2003-2004, and 2004-2005. The assessee, a company engaged in business, filed some appeals, while the Revenue authorities (Commissioner/Deputy Commissioner of Income Tax) filed others, each seeking to set aside the respective ITAT orders and to formulate substantial questions of law. The Revenue also sought to restore orders of the Assessing Officer. The provided judgment text does not contain any substantive discussion of facts, legal issues, arguments, or a final decision; it merely sets out the details of the appeals and the parties involved. Consequently, no substantial questions of law were framed, and no legal principles were decided. The matter remained pending for further adjudication.

Issue of Consideration

KAHC010353202008_1

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Case Details

2015 LawText (KAR) (04) 55

I.T.A.No.879/2008 c/w I.T.A.Nos.882/2008, 907/2008, 909/2008, 880/2008, 881/2008, 904/2008, 905/2008, 108/2009, 109/2009, 210/2009, 211/2009, 209/2009, 333/2009, 334/2009 & 363/2009

2015-03-25

N.Kumar, B.Sreenivase Gowda

Venkataraman (Senior Counsel for Dr.R.B.Krishna), E.R.Indrakumar (Senior Counsel for K.V.Aravind/E.Sanmathi)

M/s Wipro Limited (in ITA Nos. 879/2008, 882/2008, 880/2008, 881/2008, 108/2009, 109/2009, 333/2009, 334/2009); The Commissioner of Income Tax / The Deputy Commissioner of Income Tax (in ITA Nos. 907/2008, 909/2008, 904/2008, 905/2008, 210/2009, 211/2009, 209/2009)

The Deputy Commissioner of Income Tax (in appeals by Wipro); M/s Wipro Ltd. (in appeals by Revenue)

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Nature of Litigation

Income tax appeals under Section 260-A of the Income Tax Act, 1961 against orders of the Income Tax Appellate Tribunal

Remedy Sought

To set aside the ITAT orders and to formulate substantial questions of law; the Revenue additionally seeks to restore the orders of the Assessing Officer/Deputy Commissioner

Filing Reason

Aggrieved by the ITAT orders dated 30.05.2008, 31.10.2008, and 30.01.2009 for assessment years 2001-02 to 2004-05

Previous Decisions

Orders of the Assessing Officer/Deputy Commissioner of Income Tax, orders of the Commissioner of Income Tax (Appeals), and orders of the Income Tax Appellate Tribunal, Bangalore

Judgment Excerpts

This I.T.A. is filed under Section 260-A of I.T.Act, 1961 arising out of order dated 30.05.2008 passed in ITA No.468/BNG/2006, for the assessment year 2001-2002 praying 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.468/BNG/2006, dated 30.05.2008 in the interest of justice.

Procedural History

Assessment orders were passed by the Deputy Commissioner of Income Tax for assessment years 2001-02 to 2004-05. Appeals were filed before the Commissioner of Income Tax (Appeals), who passed orders. Further appeals were filed before the Income Tax Appellate Tribunal, Bangalore, which passed orders on 30.05.2008 (AYs 2001-02, 2002-03), 31.10.2008 (AY 2003-04), and 30.01.2009 (AY 2004-05). Against these ITAT orders, both the assessee and the Revenue filed appeals under Section 260-A of the Income Tax Act, 1961 before the High Court of Karnataka, seeking to set aside the ITAT orders and to frame substantial questions of law.

Acts & Sections

  • Income Tax Act, 1961: 260-A
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