Ita/268/2016 Of Pr Commissioner Of Income Tax-6 v. M/S Syngene International Limited

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2 DAY OF DECEMBER 27070 PRESENT| THE HON’BLE MR. JUSTICE ALOK ARADHE AND| THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD LT.A. NO.268 OF 2016 BEITWEE 1.|PR, COMMISSIONER OF INCOME TAX-6. BMTC COMPLEX | KORAMANGALA BANGALORE. 2 |THE DEPUTY COMMISSIONER OF INCOME-TAX. CIRCLE-12(3) BANGALORE. .., APPELLANTS. (BY SRI.E.R.INDRAKUMAR SR. ADV. A/W SRI.E.I.LSANMATHI ADV.,). AND" M/S SYNGENE INTERNATIONAL LIMITEDQ2OTH K.M.HEBBAGOD] HOSUR ROAD BENGALURU - 29. ~. RESPONDENT (BY SRI.PERCY PARDIWALLA SR. ADV. FOR| SRI.T.SURYANARAYANA ADV. AND SMT.TANMAYI RAJKUMAR, ADV.) THIS ITA IS FILED UNDER SECTION 260-A OF I.T. ACT,|1961L ARISING OUT OF ORDER DATED 23.11.20L5 PASSED IN ITANO.869/BANG/2014 FOR THE ASSESSMENT YEAR 2007-08,PRAYING TO (A) DECIDE THE FOREGOING QUESTION OF LAW AND.OR SUCH OTHER QUESTIONS OF LAW AS MAY BE FORMULATED BY THE HON'BLE COURT AS DEEMED FIT AND SET ASIDE THEAPPELLATE ORDER DATED 23.11.2015 PASSED BY THE ITAT, 'B'BENCH,BENGALURU|IN|APPEAL|PROCEEDINGS|NO. ITANO.869/BANG/2014 FOR ASSESSMENT YEAR 2007-08 AS SOUGHTFOR IN THIS APPEAL AND TO GRANT SUCH OTHER RELIEF AS.DEEMED FIT IN THE INTEREST OF JUSTICE. THIS ITA COMING ON FOR FINAL HEARING, THIS DAY,ALOK ARADHE J.,DELIVERED THE FOLLOWING: | JUDGMENT This appeal under Section 260A of the Income TaxAct, 1961 (nereinafter referred to as the Act for short)nas been preferred by the revenue. The subject matterof the appeal pertains to the Assessment year 2007-08.The appeal was admitted by a bench of this Court videorder dated 10.10.2017 on the following substantialquestion of law: (1)Whether the tribunal [s correct [n-law in setting aside the disallowance of claimUnder Section JOB even when the assesseenas not satisfied the requirements of Said.provision to claim deduction under Section|JOB as the assessee was not Involved in|manufacturing activity and was formed by splitting up of existing company? 2 |For the reasons assigned by us in the.judgment passed today in I.T7.A.No.184/2016, thesubstantial questions of law framed by a bench of this.court are answered against the revenue and in favour of the assessee. In the result, we do not find any merit in.this appeal, the same fails and is hereby dismissed. SS| Sd/-JUDGE.Sd/-JUDGE.