THE COMMISSIONER OF INCOME -TAX vs. M/S AMAZONE DEVELOPMENT

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ITA/422/2015HC KarnatakaKAHC01038435201524 November 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 previous judgment in CIT vs. Tata Elxi Limited. However, it provided for consequential orders if the Supreme Court reverses the High Court's decision.

What were the facts?

The Revenue appealed against an ITAT order that confirmed the Appellate Commissioner's decision. The appeal was filed under Section 260-A of the Income Tax Act, 1961.

What were the issues?

Whether the issues raised in the appeal were covered by existing High Court precedent. The court also considered potential future orders based on a pending Supreme Court appeal.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show list

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 24TH DAY OF NOVEMBER, 2015

PRESENT

THE HON'BLE MR. JUSTICE VINEET SARAN

AND

THE HON’BLE MRS. JUSTICE S.SUJATHA

ITA NO.422/2015

BETWEEN:

1.

THE COMMISSIONER OF INCOME-TAX,

C.R.BUILDING,QUEENS ROAD,

BANGALORE.

2.

THE ASST.COMMISSIONER OF INCOME-TAX,

CIRCLE-11(1),

RASHTROTHANA BHAVAN,

NRUPATHUNGA ROAD

BANGALORE – 560 001. ... APPELLANTS

(BY SRI.K.V.ARAVIND , ADV.)

AND:

M/S.AMAZONE DEVELOPMENT CENTRE (INDIA) PVT. LTD., 8TH, 9TH & 10TH FLOOR, BRIGADE GATEWAY, WORLD TRADE CENTRE, NO.26/1, DR.RAJKUMAR ROAD, MALLESWARAM(W), BANGALORE-560 055. …RESPONDENT

(BY SRI P.DINESH, ADV.,)

THIS ITA IS FILED UNDER SECTION 260-A OF IT ACT, 1961, ARISING OUT OF ORDER DATED 16.04.2015 PASSED IN ITA NO.1362/BANG/2014, FOR THE ASSESSMENT YEAR 2009-

2010 PRAYING TO I) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW II) ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE ITAT, BANGALORE IN ITA NO.1362/BANG/2014 DATED 16.4.2015 CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), BANGALORE.

THIS ITA COMING ON FOR ADMISSION THIS DAY, VINEET SARAN J., DELIVERED THE FOLLOWING:

JUDGMENT

Heard Sri K.V.Aravind, learned counsel for the appellants as well as Sri P.Dinesh, learned counsel for the respondent and perused the record.

2.

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.

3.

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.

4.

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 TL

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