- 1 - HC-KAR NC: 2025:KHC:27814-DB ITA No. 75 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE S.G.PANDIT INCOME TAX APPEAL NO. 75 OF 2024 BETWEEN: 1. PRINCIPAL COMMISSIONER OF INCOME TAX BMTC COMPLEX, KORAMANGALA BANGALORE. 2. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 1 UDUPI. …APPELLANTS (BY SRI. E.I. SANMATHI, ADV.) AND: M/S. CANARA BANK ERSTWHILE SYNDICATE BANK, FM WING, HEAD OFFICE, 112, JC ROAD, BANGALORE- 560002 REP. BY ITS MANAGER. …RESPONDENT THIS APPEAL IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 26.07.2023 PASSED IN M.P.NO. 153/BANG/2013 ARISING OUT OF ITA NO.227/BANG/2023 FOR A.Y 2011-12, PRAYING TO 1. DECIDE THE FOREGOING QUESTION OF LAW AND/OR SUCH OTHER QUESTIONS OF LAW AS MAY BE FORMULATED BY THE COURT AS DEEMED FIT AND SET ASIDE THE APPELLATE ORDER PASSED BY INCOME TAX APPELLATE TRIBUNAL, BENCH C, BANGALORE DATED 26.07.2023 IN M.P. NO. 153/BANG/2013 ARISING OUT OF ITA NO, 227/BANG/2023 FOR A.Y 2011-12 IS PRODUCED AS (ANNEXURE -A) AND GRANT SUCH OTHER RELIEF AS DEEMED FIT, IN THE INTEREST OF JUSTICE. Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27814-DB ITA No. 75 of 2024 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI AND HON'BLE MR. JUSTICE S.G.PANDIT ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) Heard the learned counsel appearing for the Revenue. 2. The instant appeal has been filed seeking adjudication on the following substantial questions of law: “A. Whether on the facts and circumstances of the case and in law, the Hon’ble Tribunal’s order can be said as perverse in nature in holding that the provisions of Section 115JB of Act are not applicable to the assesse-Bank for year under considerations ignoring as per Section 115JB, every taxpayer being a company is liable to pay MAT, if the Income- tax (including surcharge and cess) payable on the total income, computed as per the provisions of the Income-tax Act in respect of any year is less than 15% of its book-profit + surcharge (SC) + health & education cess? - 3 - HC-KAR NC: 2025:KHC:27814-DB ITA No. 75 of 2024 B. Whether on the facts and circumstances of the case and in law, the Hon’ble Tribunal’s order can be said as perverse in nature in holding that the provisions of Section 115JB of Act are not applicable to the assesse-Bank for year under considerations ignoring that conditions set out in Section 115JB are fully satisfied in case of assesse?” 3. Though the matter is listed for orders, however we find from perusal of the order impugned of 26.07.2023 that the aforesaid substantial questions of law would not arise, given the reference in the impugned decision of judgments of this Court dated 07.02.2023 in ITA.Nos.97 & 98/2020. The relevant paragraphs have also been quoted in the order impugned. 4. Learned Senior Standing Counsel for the Revenue has not been able to dispute that the substantial questions of law as framed stand answered by the decision referred to in the order impugned. - 4 - HC-KAR NC: 2025:KHC:27814-DB ITA No. 75 of 2024 5. For the reasons aforesaid, this matter was taken up for disposal with the consent of the counsel for the parties at the instant stage itself and, is, therefore, dismissed. 6. In view of dismissal of this appeal, I.A.No.1/2024 stands dismissed. Sd/- (JAYANT BANERJI) JUDGE Sd/- (S.G.PANDIT) JUDGE NC CT:bms List No.: 1 Sl No.: 6