THE COMMISSIONER OF INCOME TAX vs M/S JAIPURIA SILK MILLS PVT LTD

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/-

THE COMMISSIONER OF INCOME TAX vs. M/S JAIPURIA SILK MILLS PVT LTD