Ita/421/2017 Of M/S Mindtree Ltd v. The Deputy Commissioner Of Income Tax

- ITA No.421/2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURUDATED THIS THE 9 DAY QF AUGUST 2Q1/PRESENT| THE HON'BLE MR. JUSTICE H.G.RAMESH AND THE HON‘'BLE MRS, JUSTICE K.S.MUDAGAL INCOME TAX APPEAL NO.421/2017 BETWEEN : M/s. MINDTREE LTD.(PREVIOUSLY KNOWN AS M/S. AZTECSOFT LTD.|NOW MERGED WITH M/S. MINDTREE LTD.)GLOBAL VILLAGE, RVCE POST|MYSORE ROAD|BENGALURU- 560 Q59REP BY ITS CHIEF FINANCIAL OFFICERSRI JAGANNATHAN CHAKRAVARTHIS/O. SRI NARASIMHAN C.K. AGED ABOUT 43 YEARS...APPELLANT| (BY SRI CHYTHANYA K.K. ADVOCATE) AND : THE DEPUTY COMMISSIONER OFINCOME TAX, CIRCLE-12(1)BMTC BUILDING, 5 BLOCKKORAMANGALA.BANGALORE- 560 Q95 . RESPONDENT (BY SRI K.V.ARAVIND, STANDING COUNSEL) THIS INCOME TAX APPEAL IS FILED UNDER SECTION260-A OF I.IT.ACT, 1961 PRAYING TO FORMULATE SUBSTANTIALQUESTIONS OF LAW AND TO SET ASIDE THE IMPUGNED ORDER|PASSED BY THE ITAT, BENGALURU ‘A’ BENCH IN IT(TP)A) - ITA No.421/2017 NO.1434/BANG/2010 DATED 31.03.2017 FOR THE ASSESSMENT|YEAR 2006-200 /. THIS INCOME TAX APPEAL COMING ON FOR ADMISSION,|THIS DAY,H,G,. RAMESH , DELIVERED THE FOLLOWING: JUDGMENT H.G.RAMESH, J. (Oral)" 1 Tne only grievance urged by Sri Chytnanya.K.kK.,learned Counsel appearing for the appellant is that the)Income Tax Appellate TridDunal has not expressly stated inthe impugned order dated 31.03.2017 that the Assessing|Officer has to reconsider tne matter in accordance witn law.before passing a fresh order in the name of the merged|COM paNy. 2 It is relevant to extract operative portion of the| impugned order: — OT sietsstsrsssssssssersecseeee We accordingorder and restore the matter to the file of the AO with adirection to pass a fresn order in the name of themerged company after affording an opportunity of being.neard to tne assessee. Since we have restored tnematter to the AO for passing a fresh order, the other.grounds raised in this appeal Decomes academic and we.accordingly decline to adjudicate the same.” icIn our opinion, it is implied that the Assessing Officer| nas to pass a fresn order in the matter in accordance witn|the provisions of the Income Tax Act, 1961. With this) -*- - ITA No.421/2017 clarification, the appeal is disposed of. In view of disposal of tne|appeal,|lANo.1/2017.doesnot|SUrVIVefOr| consideration; it stands disposed of accordingly. Appeal disposed of. KSR Sd/- JUDGE Sd/-JUDGE JUDGE