THE COMMISSIONER OF INCOME-TAX vs. M/S INTERNATIONAL STONES INDIA PVT LTD.,

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ITA/36/2015HC KarnatakaKAHC01015891201509 October 2015Bench: B.MANOHAR,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 of the same court in CIT vs. Tata Elxi Limited. However, it allowed for consequential orders if the Supreme Court reverses the High Court's decision.

What were the facts?

The Revenue appealed against an ITAT order confirming the Commissioner's order, which in turn confirmed the Assistant Commissioner's order. The appeal was filed under Section 260-A of the Income Tax Act.

What were the issues?

Whether the issues in the appeal were covered by existing High Court precedent. The potential impact of a Supreme Court decision on the High Court's ruling.

Which sections of the Income-tax Act were involved?

Section 260-A

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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 9TH DAY OF OCTOBER 2015 PRESENT

THE HON'BLE MR. JUSTICE VINEET SARAN

AND

THE HON'BLE MR. JUSTICE B.MANOHAR

I.T.A.NO.36 OF 2015 BETWEEN:

1.

The Commissioner of Income Tax, C.R.Building, Queens Road, Bangalore.

2.

The Assistant Commissioner of Income Tax, Circle – 11(4), Rashtrothana Bhavan, Nrupathunga Road, Bangalore – 560 001. .. Appellants

[By Sri K.V.Aravind, Advocate]

AND:

M/s.International Stones India Pvt. Ltd., No.55/12, Alankar Apartment, Flat No.1, 39th Cross, 14th Main, Jayanagar, Bangalore – 560 011. .. Respondent

This ITA is filed under Section 260-A of Income Tax Act, 1961 arising out of order dated 05.09.2014 passed in

2 ITA No.893/Bang/2010, for the assessment year 2008-2009, praying to (1) formulate the substantial questions of law stated above and (2) to allow the appeal and set aside the order passed by the ITAT, Bangalore in ITA No.893/Bang/2010 dated 05.09.2014 confirming the order of the Appellate Commissioner and confirm the order passed by the Assistant Commissioner of Income Tax, Circle – 11(4), Bangalore.

This ITA, coming on for admission, 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 appellant that against the judgment of this Court, an appeal is filed to the Apex Court and is pending consideration.

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

Sd/- JUDGE

Sd/- JUDGE

Cm/-

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