PR COMMISSIONER OF vs. M/S MPHASIS FINSOLUTIONS

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ITA/381/2015HC KarnatakaKAHC01039521201508 September 2015Bench: B.MANOHAR,VINEET SARAN3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court dismissed the appeal, stating that the issue was covered by a previous decision in CIT vs. Tata Elxsi Ltd. However, it allowed for consequential orders if the Supreme Court reverses the High Court's judgment.

What were the facts?

The Revenue appealed against an order of the Income Tax Appellate Tribunal. The appeal was filed under Section 260-A of the Income Tax Act, 1961.

What were the issues?

Whether the issue in the appeal was covered by the High Court's prior judgment in CIT vs. Tata Elxsi Ltd.

Which sections of the Income-tax Act were involved?

Section 260-A

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.381/2015 BETWEEN

1.

Pr. Commissioner of Income Tax-6, Central Revenue Buildings

Queens Road, Bangalore-560 001.

2.

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.

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 Ltd (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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