PRINCIPLE COMMISSIONER OF INCOME TAX vs M/S PROCESSOR SYSTEMS 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.331/2015

BETWEEN

Principle Commissioner of

Income Tax, Central Revenue

Buildings, Queens Road

Bangalore-560 001.

The Deputy Commissioner of

Income- Tax, Circle 12(3)

Bangalore.

.. Appellants

(By Sri E I Sanmathi, Adv.)

AND

M/s.Processor Systems India Pvt. Ltd., No.24, Classic Building Richmond Road, Bangalore-560 025.

..Respondent

(By Sri S Parthasarathi, Adv.)

This ITA is filed under Sec.260-A of Income Tax Act 1961, arising out of order dated 20.2.2015 passed in ITA No.678/Bang/2014 for the assessment year 2005-2006 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 20.2.2015 passed by the ITAT, `A’ Bench, Bangalore, in appeal proceedings in ITA No.678/Bang/2014 for A.Y. 2005-2006.

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

JUDGMENT

Heard Sri E I Sanmathi, learned counsel for the appellants as well as Sri S Parthasarathi, learned counsel for the respondent and perused the records.

The questions involved in this appeal are covered by the decisions of this Court in the cases of Commissioner of Incomes Tax –vs- Tata Elxsi Ltd (2012) 349 ITR 98 and Commissioner of Income Tax –vs- Yokogawa India Ltd., (341 ITR 385). In the light of the aforesaid judgments, this appeal stands dismissed.

However, it is submitted by learned counsel for the appellants that against the said judgments of this Court, appeals are filed to the Apex Court and are pending consideration.

In the event of the Apex Court reversing the judgments 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 Bkm

PRINCIPLE COMMISSIONER OF INCOME TAX vs. M/S PROCESSOR SYSTEMS INDIA PVT LTD.,