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1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF DECEMBER 2015
PRESENT
THE HON’BLE MR.JUSTICE VINEET SARAN
AND
THE HON’BLE MRS.JUSTICE S SUJATHA
ITA NO.22/2013
BETWEEN
THE COMMISSIONER OF INCOME-TAX
C R BUILDING
QUEENS ROAD
BANGALORE.
THE ASSISTANT COMMISSIONER OF
INCOME-TAX-8(1)
MUMBAI.
THE DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-11(2), C R BUILDINGS QUEENS ROAD, BANGALORE.
…APPELLANTS (BY SRI K V ARAVIND, ADV.)
AND
M/S CGI INFORMATION SYSTEMS & MANAGEMENT CONSULTANTS PVT LTD., 38/1, NAGNATHPURA ELECTRONIC CITY POST BANGALORE-560 100. …RESPONDENT (BY SRI S PARTHASARATHI, ADV.)
THIS APPEAL IS FILED UNDER SECTION.260- A OF I.T.ACT, 1961, PRAYING TO SET ASIDE THE ORDER OF THE ITAT, BANGALORE IN ITA NO.451/BANG/2011 DATED 31.08.2012 CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE ASSISTANT COMMISSIONER OF INCOME TAX-8(1), MUMBAI.
THIS APPEAL COMING ON FOR HEARING, THIS DAY, VINEET SARAN J., DELIVERED THE FOLLOWING:
JUDGMENT
The first question involved in this appeal is covered by the decision of this Court in the case of Commissioner of Income Tax Vs Tata Elxi Limited (2012) 349 ITR 98. In view of the first question having been answered in favour of the assessee, learned Counsel for the parties jointly stated that the second question becomes academic in nature and need not be answered. In the light of the aforesaid judgment, this appeal stands dismissed.
However, it is submitted by learned Counsel for the appellants that against the judgment of this Court, an appeal is filed to the Apex Court and is pending consideration.
In the event of the Apex Court reversing the judgment of this Court, the assessing authority shall pass consequential orders in terms of Section 260(1A) of the Income Tax Act, 1961, in conformity with the outcome of the appeal before the Supreme Court.
Sd/-
JUDGE
Sd/-
JUDGE
AN/-