Ita/1080/2008 Of The Commissioner Of Income Tax v. M/S Carritor (India) Pvt Ltd

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 1/ DAY OF OCTOBER 2014 PRESENT THR HON’BLE MR.JUSTICE N.KUMAR ANT) THR HON’BLE MR.JUSTICE B.MANOHAR INCOME TAX APPEAL NO.1080/2008 BEREITW 1.)The Commissioner of Income-tax,C.R.Building,Queens Road,Bangalore.C.R.Building,Queens Road,Bangalore. iaThe Dy.Commissioner of Income-Tax,Circle — 11(2),C.R.Building,Queens Road,Bangalore. .. Appellant (by Sri.K.V.Aravind, Adv.,) AND:M/s.Carritor (India) Pvt.Ltd.,17 &17/1,3[*4]Floor,south End Road,Basavanagudi,Bangalore. ... Responden (by Sri.Chythanya K.K, Adv.,) This ITA is filed under Section 260-A of I.T.Act, arising|Outot Orderdated31.7.2008passedinITA.No.1197/BNG/2007 for the assessment year 2004-2005praying to formulate the substantial question of law thereinand to allow the appeal and set aside the order passed by theITAT Bangalore in ITA.No.1197/BNG/2007 dated 31.7.2008confirm the order of the Appellate Commissioner and confirmthe order passed by the Deputy Commissioner of Income tax,Circle-11(2), Bangalore. ThisappealcomingOT)for.Hearingthis|day,N.Kumar Je9delivered the following: JUDGMENT ori.Chythanya, learned Counsel files power for the}respondent. — This appeal is filed by the revenue against the order|passed by the Tribunal. The following substantial question|of law arises for consideration in this appeal: Whether the appellate authorities were correct in|holding that the assessee was entitled to claim)deduction under Section 10A of the Act, in respectof its units despite the assessee failing to satisfy|the conditions stipulated in the STPI Scheme}which stipulated commencement of units from a)particular date when the assessee’s unit had| already commenced much before obtaining the|licence for the bonded warehouse? 2. The substantial question of law which arises for|consideration in this appeal was the same as in the case ofthe assessee in ITA.No.403/2008 and connected matter,which was decided on 20.60.2014, where this court answeredthe said substantial question of law in favour of the assesseeand against the revenue. Following the said judgment inthis case also, the substantial question of law is answered infavour of the assessee and against the revenue. In that viewof the matter, the appeal is dismissed. nd/ Sd/-. JUDGE od/-|JUDGE|