THE PR. COMMISSIONER OF INCOME TAX-CIT (A) vs. M/S EXILANT TECHNOLOGIES PVT LTD

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ITA/24/2017HC KarnatakaKAHC01018654201701 August 2017Bench: K.S.MUDAGAL,H.G.RAMESH2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court of Karnataka dismissed the appeal filed by the Revenue. The Court noted that the learned counsel for the appellants (Revenue) conceded that the issue raised in the present appeal had been decided against the Revenue by the same Court in the case of CIT v. Tata Elxsi Ltd. [(2012) 349 ITR 98 (Karn)]. Therefore, following its own precedent, the Court found no merit in the appeal and dismissed it. The specific question of law and the reasoning behind the ITAT's order are not detailed in this judgment, as the appeal was disposed of on the concession made by the Revenue.

What were the facts?

The appellants, the Principal Commissioner of Income Tax and the Deputy Commissioner of Income-tax, have filed an appeal under Section 260-A of the Income Tax Act, 1961, against an order dated July 15, 2016, passed by the Income Tax Appellate Tribunal (ITAT), 'A' Bench, in ITA No.1267/Bang/2015. The appeal pertains to the assessment year 2011-12 and challenges the decision of the ITAT concerning M/s. Exilant Technologies Pvt. Ltd., the respondent assessee. The High Court of Karnataka is hearing this appeal for admission.

What were the issues?

1. Whether the appellate order dated 15.07.2016 passed by the ITAT 'A' Bench in ITA No.1267/Bang/2015 for the assessment year 2011-12 is sustainable in law? Assessee's Contention: The judgment does not record any specific contentions made by the assessee. However, the context implies the assessee would have supported the ITAT's order. Revenue's Contention: The learned counsel for the appellants (Revenue) fairly submits that the question raised in this appeal has already been answered against the appellants by this Court in the case of CIT v. Tata Elxsi Ltd. [(2012) 349 ITR 98 (Karn)].

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

ITA No.24/2017

-1-

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 1ST DAY OF AUGUST 2017

PRESENT

THE HON’BLE MR. JUSTICE H.G.RAMESH

AND

THE HON’BLE MRS. JUSTICE K.S.MUDAGAL

INCOME TAX APPEAL NO.24/2017

BETWEEN :

1.

THE PR.COMMISSIONER OF INCOME TAX, CIT (A) 5TH FLOOR, BMTC BUILDING

80 FEET ROAD, KORAMANGALA

BENGALURU-560 095

2.

THE DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-2(1)(2) 2ND FLOOR, BMTC BUILDING

80 FEET ROAD, KORAMANGALA

BENGALURU-560 095

...APPELLANTS

(BY SRI ARAVIND K.V. ADVOCATE)

AND :

M/S.EXILANT TECHNOLOGIES PVT. LTD. CONCORD @ MANTRI NO.10, BENGALURU-560 025 PAN: AABCM2535Q

...RESPONDENT

THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF I.T.ACT, 1961 PRAYING TO FORMULATE SUBSTANTIAL QUESTION OF LAW AND TO SET ASIDE THE APPELLATE ORDER DATED:15.07.2016 PASSED BY THE ITAT ‘A’ BENCH IN ITA NO.1267/BANG/2015, FOR THE ASSESSMENT YEAR 2011-12.

ITA No.24/2017

-2-

THIS INCOME TAX APPEAL COMING ON FOR ADMISSION, THIS DAY, H.G.RAMESH J., DELIVERED THE FOLLOWING:

JUDGMENT

H.G.RAMESH, J. (Oral):

Learned counsel for the appellants fairly submits that the question raised in this appeal is answered against the appellants by this Court in CIT v. Tata Elxsi Ltd. [(2012)349 ITR 98 (Karn)]. The appeal is accordingly dismissed.

Appeal dismissed.

Sd/-

JUDGE

Sd/-

JUDGE

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