PR.COMMISSIONER OF vs. M/S. SASKEN

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ITA/389/2015HC KarnatakaKAHC01039541201508 September 2015Bench: B.MANOHAR,VINEET SARAN3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court dismissed the appeal, following its own precedent. However, it stipulated that consequential orders would be passed if the Supreme Court reversed the precedent.

What were the facts?

The Revenue appealed an ITAT order for AY 2004-2005. The High Court noted the issue was covered by its prior decision in CIT vs. Tata Elxsi Limited.

What were the issues?

Whether the High Court's prior decision on a similar issue should be applied, and the implications of a pending appeal to the Supreme Court.

Which sections of the Income-tax Act were involved?

Section 260-A,Section 260(1A)

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 8TH DAY OF SEPTEMBER, 2015

PRESENT

THE HON'BLE MR. JUSTICE VINEET SARAN

AND

THE HON’BLE MR. JUSTICE B.MANOHAR

ITA No.389/2015 BETWEEN

1.

Pr. Commissioner of Income Tax, C R Buildings

Queens Road, Bangalore-560 001.

2.

Deputy Commissioner of Income-Tax, Circle – 12(3)

Bangalore.

.. Appellants

(By Sri E I Sanmathi, Adv.)

AND

M/s.Sasken Communication Technologies Ltd, 139/25, Domlur Ring Road, Domlur Bangalore.

PAN : AAECS6424R.

..Respondent

(By Sri Sharath and Sri K K Chaitanya, Advs.)

This ITA is filed under Sec.260-A of Income Tax Act 1961, arising out of order dated 04.03.2015 passed in ITA

No.176/Bang/2013 for the assessment year 2004-2005 praying to decide the foregoing question of law and/or such other questions of law as may be formulated by the Hon’ble Court as deemed fit and set aside the appellate order dated 04.03.2015 passed by the ITAT, `C’ Bench, Bangalore, in appeal proceedings in ITA No.176/Bang/2013 for Assessment Year 2004-2005.

This ITA coming on for admission this day, VINEET SARAN J. delivered the following:

JUDGMENT

Heard Sri E I Sanmathi, learned counsel for the appellants and Sri K K Chaitanya, learned counsel for the respondent and perused the records.

2.

The question involved in this appeal is covered by the decision of this Court in the case of Commissioner of Income Tax –vs- Tata Elxsi 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 said 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 with the outcome of the appeal before the Supreme Court.

Sd/-

JUDGE

Sd/-

JUDGE bkm

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