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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.384/2012
BETWEEN
THE COMMISSIONER OF INCOME-TAX
C R BUILDING
QUEENS ROAD
BANGALORE.
THE DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-11(2), C.R. BUILDING QUEENS ROAD BANGALORE.
….APPELLANTS (BY SRI K.V. ARAVIND, ADV.)
AND
M/S CROSSDOMAIN SOLUTIONS PVT LTD., CENEX, 94, 2ND MAIN INDUSTRIAL SUBURB 2ND STAGE, YESHWATHPUR BANGALORE-560 022. …RESPONDENT (BY SRI K K CHYTHANYA, 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.1074/BANG/2011 DATED 29/06/2012 AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(2), BANGALORE.
THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, VINEET SARAN J., DELIVERED THE FOLLOWING:
JUDGMENT
Learned Counsel for the Appellants has fairly stated that the first 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 and the second question is covered by the decision of this Court in the case of ‘Commissioner of Income Tax Vs. Yokogawa India Limited’ [2012] 349 ITR 98.
In the aforesaid Judgments, the questions of law have been answered in favour of the Assessee and against the Revenue. For the reasons given in the aforesaid Judgments, the questions raised in this appeal are also answered in favour of the Assessee
3 and against the Revenue. This appeal stands dismissed.
However, it is submitted by learned Counsel for the appellants that against the judgments of this Court, appeals are filed to the Apex Court and are 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 with the outcome of the appeals before the Supreme Court.
Sd/- JUDGE
Sd/- JUDGE
AN/-