THE COMMISSIONER OF INCOME TAX vs. M/S JAIPURIA SILK MILLS PVT LTD
What did the High Court hold?
The High Court dismissed the appeal, stating that the issue was covered by its prior decision in Commissioner of Income Tax Vs Tata Elxi Limited. However, it provided for consequential orders if the Supreme Court reverses the High Court's judgment.
What were the facts?
The Revenue appealed against an ITAT order that confirmed the Commissioner's order, which in turn had confirmed the Assessing Officer's order. The High Court noted that the issue was covered by a previous judgment of the same court.
What were the issues?
Whether the High Court's prior judgment on a similar issue should be applied to the present appeal. The potential impact of a pending Supreme Court appeal on the High Court's decision.
Which sections of the Income-tax Act were involved?
Section 260A,Section 260(1A)
AI-generated summary — verify with the full judgment below
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- CIT v. Tata Elxsi Ltd.818 citing349 ITR 98 · 2012 · HC
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.44/2013
BETWEEN
THE COMMISSIONER OF INCOME-TAX
C R BUILDING
QUEENS ROAD
BANGALORE.
THE ASSISTANT COMMISSIONER OF INCOME-TAX CIRCLE-11(5), C R BUILDING QUEENS ROAD, BANGALORE. …APPELLANTS (BY SRI K V ARAVIND, ADV.)
AND
M/S JAIPURIA SILK MILLS PVT LTD., 43, GUDAHATTI MAIN ROAD NERALUR POST, ANEKAL TALUK VIA ATTIBELE BANGALORE-562 107. …RESPONDENT (BY SRI RAMANATH PRABHU, ADV.)
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.278/BANG/2012 DATED 31.10.2012
2 CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-11(5), BANGALORE, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR HEARING, THIS DAY, VINEET SARAN J., DELIVERED THE FOLLOWING:
JUDGMENT
The 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 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
3 with the outcome of the appeal before the Supreme Court.
Sd/-
JUDGE
Sd/-
JUDGE
AN/-
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