PR. COMMISSIONER vs M/S SUBEX LTD.,

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 01ST DAY OF OCTOBER, 2021

PRESENT

THE HON’BLE MRS.JUSTICE S.SUJATHA

AND

THE HON’BLE MR. JUSTICE RAVI V. HOSMANI

I.T.A.No.449/2016

BETWEEN :

PR. COMMISSIONER OF INCOME TAX-VI, CENTRAL REVENUE BUILDINGS, QUEENS ROAD, BANGALORE-560 001.

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 6(1)(2) BENGALURU.

...APPELLANTS

(BY SRI JEEVAN J. NEERALGI, ADV. A/W SRI T.N.C.SRIDHAR, ADV. FOR SRI E.I.SANMATHI, ADV.)

AND :

M/s SUBEX LTD., RMZ ECOWORLD, DEVARABISANAHALLI, OUTER RING ROAD, BANGALORE-560 037. PAN: AABCS 9255R.

…RESPONDENT

(BY SRI CHYTHANYA K.K., ADV.)

THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 01.04.2016 PASSED IN ITA NO.1165/BANG/2015, FOR THE ASSESSMENT YEAR 2008-2009. PRAYING TO

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DECIDE THE FOREGOING QUESTION OF LAW AND/OR SUCH OTHER QUESTIONS OF LAW AS MAY BE FORMULATED BY THE HON'BLE COURT AS DEEMED FIT & SET ASIDE THE APPELLATE ORDERS DATED 01.04.2016 THE ITAT, 'C' BENCH, BENGALURU IN ITA NO.1165/BANG/2015 FOR ASSESSMENT YEAR 2008-09.

THIS APPEAL HAVING BEEN HEARD AND RESERVED, COMING ON FOR PRONOUNCEMENT OF JUDGMENT, THIS DAY, S. SUJATHA, J., DELIVERED THE FOLLOWING:

J U D G M E N T

This appeal is filed by the Revenue under Section 260A of the Income Tax Act, 1961 [‘Act’ for short] challenging the order of the Income Tax Appellate Tribunal, “C” Bench, Bangalore ['Tribunal' for short] dated 01.04.2016 passed in ITA No.1165/Bang/2015 relating to the assessment year 2008-09.

The appeal was admitted to consider the following substantial question of law: “[1] Whether on the facts and in the circumstances of the case, Tribunal is right in allowing relief to the assessee on the additions made consequent to order passed under Section 263 of the Act, when the order of the Tribunal dated 19.06.2015 has been

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assailed by the Revenue before this Hon’ble Court and has not reached the finality?”

In view of the order passed by this Court in ITA No.684/2015 and ITA No.378/2015, the substantial question of law is answered against the Revenue and in favour of the assessee.

In the result, appeal stands dismissed.

Sd/- JUDGE

NC.

PR. COMMISSIONER vs. M/S SUBEX LTD.,