THE COMMISSIONERR OF INCOME-TAX vs. M/S. BRADY COMPANY INDIA PVT LTD

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ITA/106/2015HC KarnatakaKAHC01024511201524 August 2015Bench: B.MANOHAR,VINEET SARAN3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court dismissed the appeal, stating the issue was covered by a prior judgment. It also provided for consequential orders if the Supreme Court reverses the High Court's decision.

What were the facts?

The Revenue appealed against an ITAT order that confirmed the Commissioner's order. The High Court noted that the issue was covered by its previous decision in CIT vs. Yokogawa India Ltd.

What were the issues?

Whether the issue in appeal is covered by the High Court's previous judgment in CIT vs. Yokogawa India Ltd.

Which sections of the Income-tax Act were involved?

Section 260A

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 24TH DAY OF AUGUST, 2015

PRESENT THE HON’BLE MR. JUSTICE VINEET SARAN

AND

THE HON’BLE MR. JUSTICE B MANOHAR

ITA No.106/2015

BETWEEN:

1.

THE COMMISSIONER OF INCOME TAX

C R BUILDING, QUEENS ROAD

BANGALORE

2.

THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE -11(2) RASHTROTHANA BHAVAN NRUPATHUNGA ROAD BANGALORE – 560 001.

.. APPELLANTS

(BY SRI K V ARAVIND, ADV)

AND:

M/S BRADY COMPANY INDIA PVT.LTD NO.76, 77 & 78, II FLOOR, CYBER PARK, ELECTRONIC CITY PHASE -1, DODDATHOGUR HOSUR ROAD, BANGALORE – 560 100 PAN NO.AACCB8163A.

.. RESPONDENT

THIS ITA IS FILED UNDER SECTION 260A OF INCOME TAX ACT, 1961 ARISING OUT OF ORDER DATED 10.10.2014 PASSED IN ITA NO.1221/BANG/2013 FOR THE ASSESSMENT YEAR 2008-2009 PRAYING TO FORMULATE THE SUBSTANTIAL QUESTION OF LAW STATED ABOVE AND TO ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE ITAT, BANGALORE IN ITA NO.1221/BANG/2013 DATED 10.10.2014 CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 11(2), BANGALORE.

THIS ITA COMING ON FOR ADMISSION THIS DAY, VINEET SARAN,, J., DELIVERED THE FOLLOWING:

J U D G M E N T

The question involved in this appeal is covered by the decision of this Court in the case of Commissioner of Income Tax Vs Yokogawa India Ltd.,(341 ITR 385). In the light of the aforesaid judgment, this appeal stands dismissed.

2.

However, it is submitted by learned Counsel for the appellants that against the judgment of this Court, an appeal is filed to the Apex Court and is pending consideration.

3.

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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