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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF MARCH 2015
PRESENT
THE HON'BLE MR. JUSTICE VINEET SARAN
AND
THE HON’BLE MRS. JUSTICE S.SUJATHA
ITA NO.430 OF 2014
BETWEEN
COMMISSIONER OF INCOME TAX-III
REVENUE BUILDINGS
QUEENS ROAD
BANGALORE-560 001.
THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 12(4), BANGALORE.
... APPELLANTS
(BY SRI. E I SANMATHI, ADV.,)
AND
M/S TRILOGY E-BUSINESS SOFTWARE INDIA PRIVATE LTD. NO.1/2, LALITHA NILAYA 4TH CROSS, RMV IIND STAGE BHOOPASANDRA BANGALORE-560 094.
...RESPONDENT
(BY SRI S SHARATH, ADV. FOR SRI K.K.CHYTHANYA, ADV.,)
THIS ITA IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED: 09/05/2014 PASSED IN M.P.NO.75/BANG/2013, FOR THE ASSESSMENT YEAR 2007-2008
PRAYING TO I) DECIDE THE FOREGOING QUESTION OF LAW AS MAY BE FORMULATED BY THE HON’BLE COURT AS DEEMED FIT II) SET ASIDE THE APPELLATE ORDER DATED 09.05.2014 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, ‘A’ BENCH, BANGALORE IN APPEAL PROCEEDINGS IN MISCELLANEOUS PETITION NO.75/BANG/2013 (IN ITA 1054/B/2011) FOR ASSESSMENT YEAR 2007-08 AS SOUGHT FOR IN THIS APPEAL AND TO GRANT SUCH OTHER RELIEF AS DEEMED FIT.
THIS ITA COMING ON FOR ADMISSION THIS DAY, VINEET SARAN J. DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri. E.I.Sanmathi, learned counsel for the appellants and Sri.S.Sharath, learned counsel, appearing on behalf of Sri K.K.Chythanya, for the respondent.
The Revenue has preferred this appeal challenging the order passed by the Tribunal dismissing the appeal filed by the Revenue.
The Tribunal has followed the decision of this Court in the case of Commissioner of Income-Tax –vs- Tata Elxsi Ltd., reported in 349 ITR 98 (Kar) and has extended the benefit to the assessee.
In that view of the matter, we do not see any merit in this appeal. No substantial question of law arises for consideration. Accordingly, the appeal is dismissed.
However, it is submitted that the aforesaid judgment of this Court is under challenge before the Apex Court. In the event of Revenue succeeding in the said appeal before the Apex Court, the Assessing Authority shall pass consequential order under Section 260(1A) of the Income Tax Act, 1961.
Sd/-
JUDGE
Sd/-
JUDGE