Commissioner Of Income Tax vs M/S Manipal Finance Corproation ...
2023 Latest Caselaw 1712 Kant

                                                -1-
                                                         RP No. 161 of 2020




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 6TH DAY OF MARCH, 2023

                                              PRESENT
                    THE HON'BLE MR. PRASANNA B. VARALE, CHIEF JUSTICE
                                               AND
                           THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
                               REVIEW PETITION NO. 161 OF 2020
                                             IN
                               INCOME TAX APPEAL NO. 372/2013

                   BETWEEN:

                   1.   COMMISSIONER OF INCOME TAX
                        MANGALORE

                   2.   DY. COMMISSIONER OF INCOME TAX
                        CIRCLE-1, UDUPI                ...PETITIONERS

                   (BY SRI SANMATHI E I, ADVOCATE)

                   AND:

                   1.   M/S MANIPAL FINANCE
Digitally signed        CORPORATION LTD
by K P SWETHA           MANIPAL HOUSE
Location: HIGH          MANIPAL-576104                  ...RESPONDENT
COURT OF
KARNATAKA
                   (BY MS. JINITA CHATTERJEE, ADVOCATE FOR
                    SRI S PARTHASARATHI, ADVOCATE)

                        THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1
                   READ WITH SECTION 114 OF CPC PRAYING TO REVIEW THE
                   JUDGMENT DATED 07.11.2019 IN ITA NO.372/2013 AND RESTORE
                   THE APPEAL OF THE APPELLANT TO BE HEARD INDEPENDENTLY
                   AFRESH.

                        THIS REVIEW PETITION COMING ON FOR ADMISSION THIS
                   DAY, CHIEF JUSTICE MADE THE FOLLOWING:
                                 -2-
                                              RP No. 161 of 2020




                              ORDER

1. Heard the learned counsel for the review petitioners and the

learned counsel for the respondent.

2. The learned counsel for the review petitioners invited our

attention to the order dated 16.06.2017 passed by the Division

Bench of this Court in Review Petition No.41/2017 wherein, in

similar circumstances, the review petition was allowed and ITA

Nos.1-2/2014 were restored.

3. Perused the order dated 16.06.2017 passed by the Division

Bench of this Court in Review Petition No.41/2017. We see no

reason to take a different view than the one adopted by the Division

Bench. As such, the review petition is allowed and ITA

No.372/2013 is restored.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

BKV