THE DIRECTOR (COMMISSIONER) OF INCOME TAX vs. CGI INFORMATION SYSTEMS & MANAGEMENT

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 3RD DAY OF SEPTEMBER 2012 PRESENT THE HON’BLE MR. JUSTICE K SREEDHAR RAO AND THE HON’BLE MR.JUSTICE B MANOHAR ITA NO.531 OF 2008 BETWEEN: 1. THE DIRECTOR (COMMISSIONER) OF INCOME TAX INTERNATIONAL TAXATION RASHTROTHANA BHAVAN NO.14/3, 6TH FLOOR NRUPATHUNGA ROAD BANGALORE – 560 001 2. THE INCOME TAX OFFICER WARD 1 (1) INTERNATIONAL TAXATION RASHTROTHANA BHAVAN NO.14/3, 6TH FLOOR NRUPATHUNGA ROAD BANGALORE ...APPELLANTS (BY SRI:K V ARAVIND, ADV) AND: CGI INFORMATION SYSTEMS & MANAGEMENT CONSULTANTS PVT. LTD., NO.38/1, NAGANATHAPURA SINGASANDRA POST BANGALORE – 560 100 ...RESPONDENT (BY SRI:K S RAMABHADRAN, ADV)

2 THIS ITA FILED UNDER SECTION 260-A OF IT ACT, 1961 ARISING OUT OF ORDER DATED 14.12.2007 PASSED IN ITA NO.595 TO 597/BANG/2007, FOR THE ASSESSMENT YEAR 2006-07 PRAYING TO FORMULATE THE SUBSTANTIAL QUESTION OF LAW STATED THEREIN AND TO ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE ITAT BANGALORE IN ITA NO.595 TO 597/2007 DATED 14.12.2007 CONFIRM THE ORDERS OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE INCOME TAX OFFICER, WARD –1(1), INTERNATIONAL TAXATION, BANGALORE IN THE INTEREST OF JUSTICE AND EQUITY. THIS ITA COMING ON FOR HEARING BEFORE THE COURT THIS DAY, K SREEDHAR RAO, J., MADE THE FOLLOWING:- J U D G M E N T The following substantial question of law is framed for consideration: “Whether the Tribunal was correct in holding that an appeal was maintainable under Section 248 of the Act, even though there was no adjudication by the Authorities under the Act in accordance with Section 195(3), (4) and (5) read with Section 200 of the Act?” 2. In view of the decision of this Court in the case of Jindal Thermal Power Company Limited (earlier known as Jindal Tractebel Power Co. Ltd.,) Vs Deputy Commissioner of Income Tax (TDS) reported in (2010)

3 321 ITR 31 (Karn) DD 16.03.2009, the question of law is answered in favour of the assessee. Accordingly, the appeal is dismissed. Sd/- JUDGE Sd/- JUDGE *bgn/-