Loading judgment…
No AI summary yet for this case.
Detected automatically from the text. The count shows how many other judgments on BharatTax rely on the same authority.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JUNE 2020
PRESENT
THE HON’BLE MR. JUSTICE ALOK ARADHE
AND
THE HON’BLE MR.JUSTICE HEMANT CHANDANGOUDAR
I.T.A. NO.19 OF 2014
BETWEEN:
THE COMMISSIONER OF INCOME TAX
C.R.BUILDING
QUEENS ROAD
BANGALORE
THE ASST. COMMISSIONER OF INCOME TAX
CIRCLE-11(4)
RASHTROTHANA BHAVAN
NRUPATHUNGA ROAD
BANGALORE
... APPELLANTS
(By Sri.DILIP, ADV. FOR SRI.K.V.ARAVIND)
AND:
M/s. INFOSYS BPO LTD. NO.26/3, 26/4, 26/6 KANNAPPA AGRAHARA ELECTRONIC CITY HOSUR ROAD BANGALORE – 560 052
... RESPONDENT
(By Sri.T.SURYANARAYANA, ADV.) - - -
THIS I.T.A. IS FILED UNDER SECTION 260-A OF I.T.ACT, 1961 ARISING OUT OF ORDER DATED 13-08-2013 PASSED IN ITA NO.1517/BANG/2012, FOR THE ASSESSMENT YEAR 2005-2006, PRAYING TO: I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN, II. ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE ITAT, BANGALORE IN
ITA NO.1517/BANG/2012 DATED 13/08/2013 AND CONFIRM THE ORDER PASSED BY THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE-11(4) BANGALORE.
THIS I.T.A. COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
Mr.K.V.Aravind, learned counsel for the revenue. Mr.T.Suryanarayana, learned counsel for the respondent.
This appeal under Section 260-A of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’, for short) has been filed by the revenue which was admitted by a Bench of this Court vide order dated 20.01.2015 on the following substantial question of law:
Whether on the facts and circumstances of the case, the appellate authorities were correct in holding that the order passed giving effect to the directions issued under Section 263 of the Act is not sustainable, when such order of the tribunal setting aside the order under Section 263 of the Act was pending in appeal before this Hon’ble Court and recorded perverse finding?
When the matter was taken up today, learned counsel for the parties jointly submitted that the substantial question of law involved in this appeal has been answered against the revenue by the Supreme Court in ‘COMMISSIONER OF INCOME-TAX Vs. YOKOGAWA INDIA LTD.’ [(2017) 77 TAXMANN.COM 41 (SC)].
In view of the aforesaid submission and in view of the aforesaid enunciation of law, the substantial
question of law is answered against the revenue and in favour of the assessee. In the result, the appeal is dismissed.
Sd/- JUDGE
Sd/- JUDGE