PRL. COMMISSIONER OF INCOME TAX vs M/S. MICROCHIP TECHNOLOGY INDIA PVT. LTD.

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.405/2015 BETWEEN

Prl. Commissioner of Income Tax, Central Revenue Buildings

Queens Road, Bangalore-560 001.

The Deputy Commissioner of Income-Tax, Circle – 12(1)

Bangalore.

.. Appellants

(By Sri E I Sanmathi, Adv.)

AND

M/s.Microchip Technology India Pvt. Ltd, No.149B, EPIP, I Phase Industrial Area, Whitefield Bangalore-560 066.

PAN No.AABCM9868J.

..Respondent

This ITA is filed under Sec.260-A of Income Tax Act 1961, arising out of order dated 17.04.2015 passed in MP No.31/Bang/2015 by the ITAT `A’ Bench, Bangalore pertaining

to appeal proceedings in ITA No.1429/Bang/2010 for the assessment year 2006-2007 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 17.04.2015 passed in MP No.31/Bang/2015 by the ITAT, `A’ Bench, Bangalore, pertaining to appeal proceedings in ITA No.1429/Bang/2010 for Assessment Year 2006-2007 as sought for in this appeal.

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 perused the records.

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 Ltd (2012) 349 ITR 98. In the light of the aforesaid judgment, this appeal stands dismissed.

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

PRL. COMMISSIONER OF INCOME TAX vs. M/S. MICROCHIP TECHNOLOGY INDIA PVT. LTD.