THE COMMISSIONER OF INCOME TAX vs. M/S WIPRO GE MEDICAL SYSTEMS PVT LTD

1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 05TH DAY OF NOVEMBER 2012 PRESENT THE HON'BLE MR. JUSTICE K.SREEDHAR RAO AND THE HON'BLE MR. JUSTICE B.V.PINTO ITA No.926/2007 BETWEEN:- 1 THE COMMISSIONER OF INCOME TAX, C.R. BUILDING, QUEENS ROAD, BANGALORE.

2 THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), C.R. BUILDING, QUEENS ROAD, BANGALORE. APPELLANTS (BY SRI K.V. ARAVIND, ADVOCATE) AND:- M/S. WIPRO GE MEDICAL SYSTEMS PVT. LTD., PLOT NO.4, KADUGODI INDUSTRIAL AREA, BANGALORE – 560067. RESPONDENT (BY SMT. S.R. ANURADHA, ADVOCATE)

This ITA is filed u/S.260-A of I.T.Act, 1961 arising out of Order dated 27-07-2007 passed in ITA No. 485/Bang/2006 for the Assessment Year 2001-2002, praying that this Hon'ble Court may be pleased to: (i) formulate the substantial questions of law stated therein and (ii) allow the appeal and set aside the Order passed by the ITAT, passed in ITA 485/Bang/2006 dated 27-07-2007 and confirm the order of the Appellate Commissioner and the order passed by the Deputy Commissioner of Income Tax, Bangalore. This ITA is coming on for final hearing this day, SREEDHAR RAO, J., delivered the following: JUDGMENT In this appeal, the following question of law is framed for consideration: 1. Whether the Tribunal was correct in holding that there was non-application of mind by the Assessing Officer and proper opportunity was not given to the Assessee before appointment of Special Auditor under Section 142(2) of the Act and consequently the assessment was invalid despite there being application of mind and an opportunity being given and consequently recorded a perverse finding? 2. Whether the Tribunal was correct in holding that in view of the law declared by the Apex Court in Rajesh Kumar & Others Vs. Dy.C.I.T. (2006) 287

3 I.T.R. 91 and West Bengal State Co-operative Bank Vs. J.C.I.T. (2004) 267 I.T.R 345 the Assessment passed on 10.11.2004 was invalid when the law declared was prospective in effect and not applicable to the current assessment year? In view of the decision of this Court in I.T.A. No.196/2008, the question of law is answered against the revenue. The Appeal is dismissed. Sd/- JUDGE Sd/- JUDGE psg*