Disposed¶27

Sarita Dudheria v. Assistant Commissioner of Income Tax

Karnataka HC26 Mar 2025ITA/241/2024

Case brief

AI extract

What is this about?

Karnataka HC (DB), ITA No. 241 of 2024, decided 26-03-2025 (Sarita Dudheria v. Assistant Commissioner of Income Tax, Central Circle-1(2), Bengaluru; AY 2013-14): income tax appeal under Sec. 260-A of the Income Tax Act, 1961 against the Tribunal's remand order dated 15.03.2022 in ITA No. 380/Bang/2020 held not maintainable because a de novo assessment order has since been passed by the Assessing Officer; assessee may challenge the fresh order on all grounds including cross-examination and jurisdiction; appeal disposed of, contentions of both sides kept open, costs made easy.

What did the court decide?

The appeal is not maintainable against the impugned order. ¶25

Sarita Dudheria Vs Assistant Commissioner of Income Tax — Income Tax | Karnataka HC (2025)

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NC: 2025:KHC:12702-DB ITA No. 241 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF MARCH, 2025 PRESENT

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THE HON'BLE MR JUSTICE KRISHNA S DIXIT

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AND

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THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR

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INCOME TAX APPEAL NO. 241 OF 2024

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BETWEEN:

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SARITA DUDHERIA W/O LAXMIPAT DUDHERIA AGED ABOUT 56 YEARS 66, NAVNIKETAN, K.R.ROAD BASAVANAGUDI, BENGALURU-560 004

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…APPELLANT

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(BY SRI. K.R. PRADEEP, ADVOCATE)

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AND:

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ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE - 1(2) NO.01, CENTRAL REVENUE BUILDING QUEENS ROAD, BENGALURU-560 001

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…RESPONDENT

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(BY SRI. E.I. SANMATHI, ADVOCATE)

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Digitally signed by SHAKAMBARI Location: HIGH COURT OF KARNATAKA

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THIS INCOME TAX APPEAL IS FILED UNDER SEC. 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 15/3/2022 PASSED IN ITA NO.380/BANG/2020, ASSESSMENT YEAR 2013-2014 PRAYING TO DECIDE THE FOREGOING QUESTION OF LAW AND OR SUCH OTHER QUESTIONS OF LAW AS MAY BE FORMULATED BY THE HON'BLE COURT AS DEEMED FIT AND SET ASIDE THE ORDER PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, 'B' BENCH, BANGALORE DATED 15.03.2022 IN ITA NO. 380/BANG/2020 FOR THE ASSESSMENT YEAR 2013-14 AS SOUGHT FOR IN THIS APPEAL AND ETC.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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NC: 2025:KHC:12702-DB ITA No. 241 of 2024

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CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and

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HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR

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ORAL JUDGMENT

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(PER: HON'BLE MR JUSTICE KRISHNA S DIXIT)

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Appeal is not maintainable against the order

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concerned inasmuch as, in terms of said order, matter having been remanded afresh, order de novo has been passed by the Assessing Officer. Therefore, it is open to the assessee to challenge that new order taking up all grounds, including the right to cross-examination and jurisdiction as well.

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In the above circumstances, the appeal is disposed

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off, all contentions of both parties having been kept open.

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Costs made easy.

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Sd/(KRISHNA S DIXIT) JUDGE

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Sd/(RAMACHANDRA D. HUDDAR) JUDGE

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