What did the High Court hold?

The High Court dismissed the current appeal, following the precedent set in a previous, similar appeal. The court found no reason to deviate from its earlier decision.

The Revenue filed an appeal before the High Court challenging an ITAT order. The High Court noted that a similar appeal, ITA No.831/2009, with the same question of law, had already been dismissed by a Division Bench.

What were the issues?

Whether the appeal filed by the Revenue should be allowed, considering a prior dismissal of a similar appeal on the same question of law.

CIT vs Wipro Finance Pvt Ltd | Karnataka High Court 2015

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16TH DAY OF OCTOBER, 2015

PRESENT

THE HON'BLE MR. JUSTICE VINEET SARAN

AND

THE HON’BLE MRS. JUSTICE S.SUJATHA

ITA NO.833/2009

BETWEEN:

THE COMMISSIONER OF INCOME-TAX CENTRAL CIRCLE, C.R.BUILDING, QUEENS ROAD, BANGALORE.

THE DY. COMMISSIONER OF INCOME-TAX CENTRAL CIRCLE-1(3), C.R.BUILDING, QUEENS ROAD, BANGALORE. …APPELLANTS (BY SRI K.V.ARAVIND, ADV.,)

AND:

WIPRO FINANCE PRIVATE LIMITED WIPRO CENTRE, NO.5, PAPANNA STREET, ST.MARKS ROAD CROSS, BANGALORE. …RESPONDENT (BY MS. S.R.ANURADHA, ADV.,)

THIS ITA IS FILED UNDER SECTION 260A OF I.T. ACT, 1961 ARISING OUT OF ORDER DATED 7.8.2009 PASSED IN ITA NO.1247/BNG/2008, FOR THE ASSESSMENT YEAR 2004-05, PRAYING TO i. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN, II. ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE ITAT BANGALORE IN ITA NO.1247/BNG/2008 DATED 7.8.2009 AND CONFIRM THE

ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(3), BANGALORE.

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

JUDGMENT

Heard Sri K.V.Aravind, learned counsel for the appellants as well as Ms.S.R.Anuradha, learned counsel for the respondent and perused the record.

Learned counsel for the parties have jointly stated that challenging the same order of the Tribunal, which is impugned in this appeal, another appeal being ITA No.831/2009 was filed raising the same question of law, which has been raised in this appeal and by judgment and order dated 07.06.2010 passed by the Division Bench of this Court, the appeal filed by the Revenue has been dismissed.

Accordingly, for the reasons given in the judgment dated 07.06.2010 passed in ITA No.831/2009, this appeal also stands dismissed. No order as to costs.

Sd/-

JUDGE

Sd/-

JUDGE TL

THE COMMISSIONER OF INCOME TAX vs. WIPRO FINANCE PVT LTD

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