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- 1 - IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 28th DAY OF APRIL 2014
PRESENT
THE HON’BLE MR. JUSTICE DILIP B BHOSALE
AND
THE HON’BLE MR. JUSTICE B MANOHAR
I.T.A.NO.236/2012 BETWEEN:
COMMISSIONER OF INCOME TAX-III C.R.BUILDING QUEENS ROAD BANGALORE.
DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 12(4) BANGALORE.
... APPELLANTS (BY SRI E I SANMATHI, ADV.,)
AND:
M/S. TEKTRONIX ENGINEERING DEVELOPMENT (INDIA) PVT. LTD., SAMRAH PLAZA, NO.4/2, ST.MARKS ROAD, BANGALORE-560 001.
...RESPONDENT
(BY SMT.VANI H. ADV.,)
- 2 - THIS ITA FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED:01/03/2012 PASSED IN ITA NO.655/BANG/2011, FOR THE ASSESSMENT YEAR 2005-06 PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN AND ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED 01.03.2012 PASSED BY THE ITAT TRIBUNAL, ‘B’ BENCH, BANGALORE IN ITA NO.655/BANG/2011, IN THE INTEREST OF JUSTICE.
THIS ITA COMING ON FOR ADMISSION, THIS DAY, Dilip B. Bhosale J., DELIVERED THE FOLLOWING:
PC: We have heard learned counsel for the parties. By consent, the appeal is heard for final disposal at the stage of admission.
Learned counsel appearing for the respondent, at the outset, invited our attention to the judgment of this Court in Tata Elxsi Ltd., [349 ITR 98 (Kar)] and submitted that the substantial questions of law raised in this appeal are squarely covered by this judgment and they deserve to be answered in favour of the assessee and against the revenue in terms thereof.
- 3 -
Having confronted with this, Mr.E.I.Sanmathi, learned counsel appearing for the appellants-revenue submitted that the revenue has filed Special Leave Petition in the Supreme Court against the aforementioned judgment of this Court and the appeal is pending. He, however, fairly states that this appeal may be disposed of in terms of that judgment with direction to the Assessing Officer to pass consequential order only after SLP/Appeal is disposed of by the Supreme Court. In other words, he submitted that the Assessing Officer may be directed to pass consequential order in the light of the order of the Supreme Court that will be passed in the abovementioned SLP/Appeal.
Learned counsel for the respondent, has no objection for making such observations and for disposal of this appeal.
- 4 - 5. In the circumstances, we dispose of this appeal in terms of the judgment of this Court in Tata Elxsi Ltd., answering all the substantial questions of law in favour of the assessee and against the revenue, with direction to the Assessing Officer to pass consequential order under Section 260-1A of the Income Tax Act, 1961, only in the light of the judgment of the Supreme Court in the aforementioned SLP/Appeal that will be passed in due course. No costs.
Sd/-
JUDGE
Sd/- JUDGE Srl.