Dismissed

The Pr Commissioner of Income Tax Cit(a) v. M/S Bhoruka Power Corporation Ltd.

Karnataka HC9 Jan 2023ITA/46/2020

Case brief

AI extract

What is this about?

The High Court of Karnataka, in this Income Tax Appeal, relied on covered precedents to address legal questions. The Court ruled against the Revenue, affirming that a separate decision on questions covered against the Revenue warrants the dismissal of the Revenue filing the appeal.

What did the court decide?

Appeal is dismissed. Questions of law are answered in favour of assessee and against the revenue. No costs.

The Pr Commissioner of Income Tax Cit(a) Vs M/S Bhoruka Power… — Income Tax | Karnataka HC (2023)

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ITA No. 46 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF JANUARY, 2023

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PRESENT

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THE HON'BLE MR JUSTICE P.S.DINESH KUMAR

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AND

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THE HON'BLE MR JUSTICE G BASAVARAJA

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INCOME TAX APPEAL NO. 46 OF 2020

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BETWEEN:

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THE PR COMMISSIONER OF INCOME TAX CIT(A) CENTRAL CIRCLE, C R BUILDING, QUEEN'S ROAD, BENGALURU-560 001

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THE DY COMMISSIONER OF INCOME TAX CIRCLE-1 (1) (2) PRESENT ADDRESS, CENTRAL CIRCLE, C R BUILDING, QUEENS ROAD, BENGALURU-560 001

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…APPELLANTS

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(BY SRI. ARAVIND K V, ADVOCATE)

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AND:

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Digitally signed by RAMYA D Location: High Court of Karnataka

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M/S BHORUKA POWER CORPORATION LTD NO.48, HITANADA BUILDING, LAVELLE ROAD, ST MARKS ROAD, BENGALURU-560001

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(BY SRI. BALRAM R RAO, ADVOCATE)

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…RESPONDENT

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ITA No. 46 of 2020

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THIS INCOME TAX APPEAL HAS FILED THE ABOVE PRIOR TO ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BENGALURU IN ITA NO. 1224/ BANG/2018 DATED 31.07.2019 FOR ASSESSMENT YEAR 2009-2010 ANNEXURE C CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 1(1), BENGALURU.

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THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, P.S.DINESH KUMAR J., DELIVERED THE FOLLOWING:

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JUDGMENT

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At the outset, Shri.Balaram R. Rao, learned advocate for the respondent submits that Question No.1 raised in this appeal is covered against the Revenue in CIT vs. M/S QUEST GLOBAL ENGINEERING SERVICES PVT. LTD.¹

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and Questions No.2 and 3 are covered against the Revenue in COMMISSIONER OF INCOME TAX - III vs. SUBHASH KABININ POWER CORPORATION LTD.²

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