By Sri K v. Aravind, Advocate

IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE O/ DAY OF JANUARY, 2019. BEFORE. THE HON'BLE MR. JUSTICE RAVI MALIMATH AND| THE HON’ BLE MR.JUSTICE MOHAMMAD NAWAZ INCOME TAX APPEAL NO.519 OF 2700 BEI|WEEN 1.THE COMMISSIONER OF INCOME-TAXCENTRAL CIRCLEC. R. BUILDING|QUENS ROAD|BENGALURU, 2.THE ASSISTANT COMMISSIONER OF INCOME-TAXCIRCLE-12(3)BENGALURU, _. APPELLANTS (BY SRI K. V. ARAVIND, ADVOCATE) AND= M/S. TATA COFFEE LIMITED.POLLIBETTA.KODAGU-5/71 2715 ... RESPONDENT THIS|INCOMETAXAPPEAL|ISFILEDUNDER|SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT|OF ORDER DATED 15.12.2006 PASSED IN INCOME TAX.APPEAL NO.3466/BANG/2004, FOR THE ASSESSMENT|YEAR2001-2002,PRAYING TOFORMULATETHE|SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE;|ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED|BY THE INCOME-TAX APPELLATE TRIBUNAL, BENGALURUIN INCOME TAX APPEAL NO.3466/BANG/2004 DATED.15.17.7006 AND CONFIRM THE ORDER OF THE APPELLATE.COMMISSIONER CONFIRMING THE ORDER PASSED BY.|THEASSISTANTCOMMISSIONEROF|INCOMETAX,CIRCLE-12(3),BENGALURU AND TO PASS SUCH OTHER.SUITABLE ORDERS AS THIS HON BLE COURT DEEMS FIT.TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE.CASE IN THE INTEREST OF JUSTICE AND EQUITY. OK OOK THIS INCOME TAX APPEAL COMING ON FOR ORDERSTHIS|DAY,RAVI.MALIMAIHJo,|DELIVEREDTHE|FOLLOWING: JUDGMENT The learned Counsel for the appellants submit thatthe substantial question of law that arises for consideration|in this appeal is covered by the judgment of the Hon’bleSupreme Court in the case of AJANTA PHARMA LTD., Vs.—COMMISSIONER OF INCOME TAX reported in (2010) 234)CTR (SC) 139, wherein it is held against the revenue.Hence, he pleads tnat the appeal be dismissed. C 2). The submission of the learned counsel for the| appellants is placed on record. The appeal is accordingly disposed off. Sd/-JUDGE Sd/-JUDGE Sd/-| JUDGE *pgn/-|