GLOBAL E BUSINESS OPERATIONS PVT. LTD. vs. THE ASSISTANT COMMISSIONER OF

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2021 PRESENT THE HON’BLE MR.JUSTICE ALOK ARADHE AND THE HON’BLE MR.JUSTICE ASHOK S.KINAGI I.T.A. NO.111 OF 2016 BETWEEN: GLOBAL e:BUSINESS OPERATIONS PVT.LTD. KALANI PLATINA, PHASE-II BUILDING SURVEY NOs.1,6 AND 24 KUNDALAHALLI VILLAGE K.R.PURAM HOBLI BANGALORE-560 066 REPRESENTED BY ITS DIRECTOR MR.SURESH AKELLA ...APPELLANT (BY SRI.T.SURYANARAYANA, ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 3(1)(2) [FORMERLY THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-11(3), BANGALORE]

BMTC BUILDING

80 FT ROAD, KORAMANGALA

BANGALORE-560 001

2 2. THE COMMISSIONER OF INCOME-TAX BMTC BUILDING 80 FT ROAD, KORAMANGALA BANGALORE-560 001

…RESPONDENTS (BY SRI.E.I.SANMATHI, ADVOCATE) THIS APPEAL IS FILED UNDER SECTION 260-A OF THE INCOME TAX ACT, 1961 ARISING OUT OF ORDER DATED 04.09.2015 PASSED IN IT (TP)A No.1678/BANG/2012, FOR THE ASSESSMENT YEAR 2008-2009 (ANNEXURE-D) PRAYING TO; (i) FORMULATE SUBSTANTIAL QUESTION OF LAW STATED ABOVE. (ii) ALLOW THE APPEAL AND SET ASIDE THE ORDER OF THE INCOME TAX APPELLATE TRIBUNAL, ‘B’ BENCH, BENGALURU, PRONOUNCED ON 04.09.2015 IN IT (TP)A No.1678/Bang/2012 TO THE EXTENT QUESTIONED HEREIN. THIS APPEAL COMING ON FOR HEARING THIS DAY, ALOK ARADHE, J., DELIVERED THE FOLLOWING: JUDGMENT Mr.T.Suryanarayana, learned counsel for the assessee. Mr.E.I.Sanmathi, learned counsel for the revenue. Learned counsel for the assessee submits that the issue involved in this appeal has been rendered academic in view of the decision of the Supreme Court in

3 CIT Vs. HCL Technologies Ltd., [(2018) 93 Taxmann.com 33 (SC)]. 2. The aforesaid fact has not been disputed by the learned counsel for the revenue. 3. The memo filed by the learned counsel for the appellant is taken on record and for the reasons assigned in the memo, the appeal is dismissed as having become infructuous. Sd/- JUDGE Sd/- JUDGE GH