Ita/269/2016 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 PRASADLT.A. NO.269 OF 2016 BETWEEN: 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 LIMITEDJ2OTH K.M.HEBBAGOD]HOSUR ROADBENGALURU - 29. .., RESPONDENT (BY SRI.PERCY PARDIWALLA SR. ADV. FOR|SRI. TT. SURYANARAYANA ADV. AND SMT.TANMAYI RAJKUMAR, ADV.) THIS ITA IS FILED UNDER SECTION 260-A OF I.T. ACT,|1961 ARISING OUT OF ORDER DATED 23.11.2015 PASSED IN ITA.NO.8/70/BANG/2014 FOR THE ASSESSMENT YEAR 2008-09,PRAYING TO (A) DECIDE THE FOREGOING QUESTION OF LAW AND. OR SUCH OTHER QUESTIONS OF LAW AS MAY BE FORMULATEDBY 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.ITA|NO.870/BANG/2014 FOR ASSESSMENT YEAR 2008-09 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 (hereinafter referred to as the Act for short)has been preferred by the revenue. The subject matter|of the appeal pertains to the Assessment year 2008-09.The appeal was admitted by a bench of this Court videorder dated 10.10.2017 on the following substantial|question of law: (1)Whether the tribunal [s correct [n-law in setting aside the aisallowance of claim.Under 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.