High Court Karnataka High Court

The Commissioner Of Income Tax vs Shri J Alexander on 16 December, 2009

Karnataka High Court
The Commissioner Of Income Tax vs Shri J Alexander on 16 December, 2009
Author: K.L.Manjunath And Kumar
   

IN THE HIGH COURT or KARNATAKA, BANGALQZREVV

DATED THIS THE 16'!" DAY OF IJECEMBEE, 2()09   -

PRESENT

THE HONBLE3 MR. JUSTICEIK.I%§Ev'EAi'\IJU1\i.)§T_IViVVV:"EV 

AND

THE HON'BLE MR. JUSTICE Am$'xr1ND JKIMARV   M'

I.T.A NC5';»1.5;Z[_2009~..  
BETWEEN .'     

1. The Commissionef'   .
C.R.BuiIdi.ng, ' " 

Queens Road-,_Ba;nga'IO.§<:  

2. The Ineofneli'-{'é;'2; O-f'fie'e'r.V__   V
ward~ E
C:."R.Bu:1cV1:ng.i"§V ' _  _
Qi1ee--11s  'Bar1Vgai--0I'e;

(By Sri.1\/I _"V7._._4SE.'Vs}V1v"a-._<: }'1*V.'-'.11-a..,:' .]

 Sl;1fi.J.:'§lA_ve:€a'1:1:tie1f
A 1"-.'1atgNO.v.7;'«.Ede11Aulac.

V V' Indi1*.anafgar,,.-Bangalore.

'A . "  ' ' =  Sri:A--; Shankar, Adv.

Bi11n'a1i'nanéga}a.
Respondent:

_ Sri.K.P.Kumar, Sr. Counsel for M/s King &
“Partriége for R331)

{V

Appellants:

This Appeal is filed Under Section 260A of lnoorne
Tax Act, 1961 praying to allow the appeal and set aside

the order passed by the ITAT Bangalore –i_f1′–V_f’E«Ti-3.’
No.”/99/BNG/2006, dated 29m08m2008 confi1*rn’..___the4e~.
orders of the Appellate Commissioner and <;:onfi,rn'1'*-tl1e"'F V' '
order passed by the income tax officer,–W'ard'–».l3.(l).Vl"

Bangalore.

This appeal coming on for

MANJUNATH J, delivered the -foyllowlingi A

Heard the learneldltioytiinsel parties. This
appeal is by the legality and

Correctness of the Commissioner of Income

Tax (Appeals)whliehl*has:l:been Confirmed by the Income

.._ATaxv..«.§App*ellate.l “*T.ri_b_1i11a1, Bangalore Bench in ETA

Al’?ENQL79V9/Vl3k1H{3,%7’2.Q06 dated 29~8«~2008.

‘appeal was admitted to consider the

‘.Vfpollo\viri;1gl§s1ilbstantial question of law:

W,

of assessment was made in the name of the Assessee

treating the same as unexplained cash deposits. T

4. As a protective measure ..”protect.iVe__u

assessment was also simultaneously;_-ma}de=.in.the”name;A

of those persons in whose the-fiilied depojsitsyywere
standing. Efforts were also m_a_d”e,:by. _the..reve_nuef? to find
out the fictitious persori=s:illwhic1″i{,’t1it’i’njaltely did not yield

any result.

by the order of
assessment « appeal before the

Comrnissioner.Inco’rne’¥.taX {Appeals} contending that

the atflQ;f;1’nt’-.fQundlVinmthe FDs with the Karnataka Bank

lllwere. the assessee and that he had not

inves.ted_.the’4i’same in the name of the fictitious persons.

.u”‘4″-..hThereforethe requested the first Appellate Authority to

a._lrey’erlse the finding of the Assessing Officer. The

Q;

Commissioner of income-tax (Appeals) considering the

entire case pleaded by the Assessee granted relief tdthe

assessee holding that the said amounts

deposited actually by the assessee

fictitious persons. The revenue

order of Cl’l'{Appeals) prefei’1’e_d art.Vhappealiybefore
Income Tax Appellate Tribunal;”Bangalore: came
to be dismissed. Agg1=i_.eve’d”._by_’« the present

appeal is filed bysthe revcnhliie. V =

taken up for hearing by this

Court on *’oc”g-Valsions. the then Bench had

noticeidl that basedv__o_n.the protective assessments made

revenue is ‘s_a’id_ to have recovered the amount of tax

from”vout’olf~:tli1e proceeds available in Karnataka Bank

‘,which ..vva.s invested in the names of fictitious persons.

A .,:l?jlLhel”Court also entertained a doubt whether really the

{V in

‘-J

7. We have heard Mr.Seshacha1a, learned counsel

for the revenue. Mr.Shankar learned counsel apgaearirig

for the assessee and Mr.K.P.Kumar, learned

Counsei representing the Reserve Bank 0f_’I.ndi’a;fv» d

8. At the out set. Mr.K.P.Ii{un}ar(learned

Counsel appearing for that
Bank will not have details ash-‘sta{1ught»eAfor b’y”‘this§ Court.
According to him whate’vVe_r” has been

Credited to thC..E1’C’COL1H”t;2′ of :ieVe_n,ge.7′”f’herefo1″e. there

is no rlecessityv fer’-th’e_Cojtirt; to hear the Reserve Bank of

India as it”‘i.sttneiVt’h_ea1′.a’ xiecessary nor a proper party to

_.v..’adju.»d:tcate the in controversy. Mr. Shankar

1eaVrn.ed-.V_e0uns’e1_ for the assessee submits that in the

this Court in ITRC No.64 and

19-6-2008 a eo–ordinate Bench had held

A ft}1AAatd “the assessment cannot be made in the name of the

:4

assessee in respect of the Fixed Deposits which were in

the name of fictitious persons as the protect.i_ve_

assessment orders have been passed in th’e7 *

depositors and tax liability has been »repcoverheddfrjorrrythe’V, if

bank directly. Therefore, he the

there are no merits in the appefipandvh appeal”v_:re’qu’ires to

be dismissed. *

9. Mr. Seshachal.3,,_ l«ear-hed.coun_se1 for the revenue

fairly cor1cedes__ that_….p.ur.sua11pt “x”toV’5IVth”e protective

assessm_en–.t’ ordeif’su’1n;ide””-in the name of the deposit

holders, th’e__’reverit_:e’has:’_’§::oilect.ed entire proceeds of the

.-v..’_dep_os.itv_f1’om th’e.Vi_{_s1f.inataka Bank. To evidence the

seirneVhe__has_ibr,ought few fiies for perusal of the Court.

Of: .p’e’rusal”iioff’tvhe records produced before us it is clear

fthe 2iri<.id11_nt is remitted by the Karnataka Bank in the

" /fna_m"e~ of the revenue.

6*

10. In View of the records produced before us we

are satisfied that the revenue has collected the

of the Fixed Deposit from the Karnataka

were standing in the name of fictitioiis ;f;ers,o’r1s4w1uc,hi’i..

amounts become due to the reyenz=;e based’~.von”

protective assessment orders.i,:”‘~..y> If the ‘ref\§en:;je”‘ has
Collected the taxes from,_fictitiousilpersons the question
of passing an order of assess’vr1ient_…ir1fj;h’e_’_.name of the

assessee in resvper:iIyj’of the §sa;r11e.a1n_’ounts again will not
arise at if iltyvill. Therefore, we do not see
any merit in the.a§p_ea–£._A_lAand accordingly following the

order _-in 1rtzc iNoT;-64′,/199999 dated 19wsw2o0s between

ltlthey sa{i”ne’i’Apa1tties formthe assessment. year 199091, We

Eh-aye; appeal. Accordingly, this appeal is

” disrn’i.ss6.Cl .’ -.

<27/2.

11. In order to ensure that there shall note-‘jbe:’f’a.ti3?A4

loss of revenue if any FD proceeds is not V’

the revenue from the Karnataka £3-;a’r1k–,. Alibhertv

to the revenue to recover the frofn.e.the«.

from out of the proceeds Deposits.

in the name of fictivtioys With”‘the above

observations. the appea} is t:1iSj1n’i:a§se<j_:§"

sbb/¥A VA