THE COMMISSIONER OF INCOME TAX vs. M/S COCO LATEX EXPORTS PVT LTD

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ITA/24/2012HC KarnatakaKAHC01011646201216 December 2015Bench: S.SUJATHA,VINEET SARAN3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court dismissed the appeal, stating that the issues were covered by a prior judgment. However, it provided a conditional direction for consequential orders if the Supreme Court reverses the prior judgment.

What were the facts?

The Revenue appealed against an ITAT order. The High Court noted that the issues were covered by a previous judgment of the same court in the case of Commissioner of Income Tax Vs Tata Elxi Limited.

What were the issues?

Whether the appeal filed by the Revenue was covered by a previous High Court judgment. The consequential effect of a potential Supreme Court decision on the High Court's ruling.

Which sections of the Income-tax Act were involved?

Section 260A,Section 260(1A)

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

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.24/2012 BETWEEN

1.

THE COMMISSIONER OF INCOME-TAX

C R BUILDING

QUEENS ROAD

BANGALORE.

2.

THE DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-11(2), C R BUILDING QUEENS ROAD BANGALORE. …APPELLANTS

(BY SRI K V ARAVIND, ADV.)

AND

M/S. COCO LATEX EXPORTS PVT., LTD., NO.7, FIRST MAIN VASANTHNAGAR BANGALORE-560 052. ….RESPONDENT

(BY SRI THOMAS VELLA PALLY AND SRI MITHUN MARKOS, ADVs.)

THIS APPEAL IS FILED UNDER SECTION.260- A OF I.T.ACT,1961, PRAYING TO SET ASIDE THE ORDERS PASSED BY THE ITAT, BANGALORE IN ITA NO.758/BANG/2011 DATED 13/09/2011 AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-11(2), BANGALORE, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, VINEET SARAN J., DELIVERED THE FOLLOWING:

JUDGMENT

The questions involved in this appeal are covered by the decision of this Court in the case of Commissioner of Income Tax Vs Tata Elxi Limited (2012) 349 ITR 98. In the light of the aforesaid judgment, this appeal stands dismissed.

2.

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.

3.

In the event of the Apex Court reversing the judgment of this Court, the assessing authority shall pass consequential orders in terms of Section

3 260(1A) of the Income Tax Act, 1961, in conformity with the outcome of the appeal before the Supreme Court.

Sd/-

JUDGE

Sd/-

JUDGE

AN/-

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