PR. COMMISSIONER OF vs. M/S XCHANGING SOLUTIONS LTD.,

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ITA/470/2017HC KarnatakaKAHC01034125201721 November 2017Bench: L.NARAYANA SWAMY (AG.CJ),P.S.DINESH KUMAR2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court dismissed the appeal, acknowledging that the issue raised had been decided against the Revenue in a previous case, CIT v. Tata Elxsi Ltd. The court found no substantial question of law to consider.

What were the facts?

The Revenue filed an appeal against an order of the ITAT concerning the assessment year 2007-2008. The appeal was admitted by the High Court of Karnataka.

What were the issues?

Whether the High Court should entertain an appeal on a question of law that has already been decided against the Revenue by a coordinate bench.

Which sections of the Income-tax Act were involved?

Section 260-A

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Cited by 21 judgments on BharatTax

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ITA No.470/2017

-1-

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 21ST DAY OF NOVEMBER 2017

PRESENT

THE HON’BLE MR.H.G.RAMESH ACTING CHIEF JUSTICE

AND

THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR INCOME TAX APPEAL NO. 470/2017

BETWEEN :

1.

PR. COMMISSIONER OF

INCOME TAX-7, BMTC COMPLEX

KORMANGALA, BANGALORE

2.

THE DY.COMMISSIONER OF

INCOME-TAX, CIRCLE-1(2)

14/3, 4TH FLOOR

R.P.BHAVAN

BANGALORE

...APPELLANTS

(BY SRI E.I.SANMATHI, ADVOCATE)

AND :

M/S XCHANGING SOLUTIONS LTD. [FORMERLY KNOWN AS CAMBRIDGE SOLUTIONS LTD.] PLOT NO.13, 14 AND 15 SJR I PARK, EPIP INDL. AREA PHASE-I, WHITE FIELD BANGALORE – 560 066

...RESPONDENT

(BY MS. MANASA ANANTHAN FOR SRI T.SURYANARAYANA, ADVOCATES)

ITA No.470/2017

-2-

THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF I.T.ACT, 1961 PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW AND TO SET ASIDE THE ORDER DATED 11.01.2017 PASSED BY THE ITAT, BANGALORE ‘C’ BENCH, BANGALORE IN IT(TP)A NO.1385/BANG/2011 FOR THE ASSESSMENT YEAR 2007-2008.

THIS INCOME TAX APPEAL COMING ON FOR ADMISSION, THIS DAY, THE ACTING CHIEF JUSTICE, DELIVERED THE FOLLOWING: JUDGMENT Ag.CJ (Oral):

Learned Counsel appearing for the appellants fairly submits that the question raised in this appeal is answered against the appellants by this Court in CIT v. Tata Elxsi Ltd. [(2012) 349 ITR 98 (Karn)]. The appeal is accordingly dismissed.

Appeal dismissed. Sd/-

ACTING CHIEF JUSTICE

Sd/-

JUDGE

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