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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.381/2015 BETWEEN
Pr. Commissioner of Income Tax-6, Central Revenue Buildings
Queens Road, Bangalore-560 001.
The Assistant Commissioner of Income-Tax, Circle – 12(2)
Bangalore.
.. Appellants
(By Sri E I Sanmathi, Adv.)
AND
M/s.Mphasis Finsolutions P.Ltd., (Since merged with MPhasis Ltd.,) Bagmane World Technology Centre K R Puram, WTC 3, Block B 1st Floor, Doddenekundi Bangalore-560048
PAN : AADCA 7313A
..Respondent
This ITA is filed under Sec.260-A of Income Tax Act 1961, arising out of order dated 20.03.2015 passed in ITA No.1597/Bang/2012 for the assessment year 2008-2009 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 20.03.2015 passed by the Income Tax Appellate Tribunal, `C’ Bench, Bangalore, in appeal proceedings in ITA No.1597/Bang/2012 for Assessment Year 2008-09.
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