High Court of Karnataka dismissed Wealth Tax appeal as academic since relief was granted by tribunal; noted issue on reopening jurisdiction reserved if revenue appeals.
Court did not grant the relief sought by the appellant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JANUARY 2020
PRESENT
THE HON’BLE MR. JUSTICE ARAVIND KUMAR
AND
THE HON’BLE MR. JUSTICE N.S. SANJAY GOWDA
W.T.A.NO.5/2019
BETWEEN:
SRI. M.R. ANANDARAM GOKULA HOUSE, GOKULA, MATHIKERE BENGALURU – 560 054.
…APPELLANT
(BY SRI. S. SHANKAR, SR. COUNSEL A/W SRI. M. LAVA, ADVOCATE)
AND:
THE ASSISTANT COMMISSIONER OF WEALTH TAX CENTRAL CIRCLE 1(2)(1) BMTC BUILDING, 6TH BLOCK KORAMANGALA, BENGALURU – 560 095.
…RESPONDENT
(BY SRI. E.I. SANMATHI, ADVOCATE)
THIS WEALTH TAX APPEAL IS FILED UNDER SECTION 27A OF THE WEALTH TAX ACT, 1957 PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW AS STATED ABOVE AND ANSWER THE SAME IN FAVOUR OF THE APPELLANT AND TO ALLOW THE APPEAL OF THE
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APPELLANT AND SET ASIDE THE FINDINGS TO THE EXTENT AGAINST THE APPELLANT IN THE ORDER PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, ‘C’ BENCH BANGALORE IN CO. NO123/BANG/2018 ARISING OUT OF WTA 46/BANG/2018 FOR THE ASSESSMENT YEAR 20092010 DATED 20.11.2018 VIDE ANNEXURE-A.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, ARAVIND KUMAR J , DELIVERED THE FOLLOWING:
JUDGMENT
We have heard Sri.A.Shankar, learned Senior
counsel appearing for appellant and Sri.K.V.Aravind, learned panel counsel appearing for respondent.
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preferred by the assessee, being aggrieved by the order of rejection of cross-objections by tribunal.
appearing for appellant is correct in contending that in the event of revenue were to come in appeal against the order of the tribunal granting relief to the assessee, appellant herein should be permitted to pursue its grievance with regard to the very jurisdiction of the Assessing Officer in issuing the notice for re-opening.
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event of revenue preferring or filing appeal against the order of tribunal dated 27.11.2018.
SD/JUDGE
SD/JUDGE
DR
Sri. M.R. Anandaram Gokula House
The Assistant Commissioner of Wealth Tax
Aravind Kumar
N.S. Sanjay Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
