2009 (11) TMI 1012 - HC - Income Tax

High Court remands case due to failure to consider amended provision of Income Tax Act, emphasizing importance of Sec. 158BB

The High Court of Karnataka allowed the appeal without addressing the questions of law and remanded the matter to the tribunal for fresh consideration. ... - Issues involved: Interpretation of Sec. 158BB of the Income Tax Act, remand of the matter to the tribunal for fresh consideration.In the judgment delivered by the High Court of Karnataka, it was noted that the respondent's counsel was continuously absent despite efforts to secure their presence. Consequently, the court proceeded to hear the arguments presented by the counsel for the appellants. It was brought to the court's attention that the substantial questions of law framed in the present case were similar to those in a previous case, ITA 146/2002, where the Income Tax Appellate Tribunal had disposed of the appeal without considering the amended provision to the Finance Act, 2002. In light of this, the court decided to follow the precedent set in ITA 146/2002 and remand the matter to the tribunal for fresh consideration, specifically emphasizing the need to consider the amended provision of Sec. 158BB of the Income Tax Act. Therefore, the appeal was allowed without delving into the questions of law, and the matter was remanded for a fresh review by the tribunal.