Ita/422/2015 Of The Commissioner Of Income -Tax v. M/S Amazone Development

IN THE HIGH COURT OF KARNATAKA AT BBNGALURU DATED THIS THR 24 DAY OF NOVEMBER, 20105) PRESENT THR HON'BLE MR. JUSTICK VINEBT SARAN| AND THR HON’BLE MRS. JUSTICE S.SUJATHA| ITA NO.422/2015 BETWEEN: 1.|THE COMMISSIONER OF INCOME-TAX, C.R.BUILDING, QUEENS ROAD, BANGALORE. oD THE ASST.COMMISSIONER OF INCOME-TAX,| CIRCLE-11(1),. RASHTROTHANA BHAVAN, NRUPATHUNGA ROAD BANGALORE —- 560 OO1. ~.. APPELLANTS| (BY SRI.K.V.ARAVIND , ADV.) AND: M/S.AMAZONE DEVELOPMENTCENTRE (INDIA) PVT. LTD.,, ,9 Ce LO FLOOR,BRIGADE GATEWAY, WORLD TRADE CENTRE,|NO.26/1, DR.RAJKUMAR ROAD,MALLESWARAM(W),BANGALORE-560 O55.) .. RESPONDEN (BY SRI P.DINESH, ADV..,) THIS ITA IS FILED UNDER SECTION 260-A OF IT ACT,|1961, ARISING OUT OF ORDER DATED 16.04.2015 PASSED IN|ITA NO.13602/BANG/2014, FOR THE ASSESSMENT YEAR 2009 2010|PRAYINGTO|I)|RFORMULATETHESUBSTANTIAL|QUESTIONS OF LAW II) ALLOW THE APPEAL AND SET ASIDE.THE ORDER PASSED BY THE ITAT, BANGALORE IN ITANO.1362/BANG/2014 DATED 16.4.2015 CONFIRMING THE.ORDER OF THR APPELLATE COMMISSIONBR AND CONFIRM|THERE ORDER PASSED BY THE DEPULY COMMISSIONER OINCOME TAX, CIRCLE-11(1), BANGALORE. ‘THIS|ITA|COMING ONFOR ADMISSIONVINEET SARAN J..DELIVERED THE FOLLOWING: THIS DAY, | JUDGMENT Heard Sri K.V.Aravind, learned counsel for theappellants as well as Sri P.Dinesh, learned counsel forthe respondent and perused the record. 2 |The questions involved in this appeal arecovered by the decision of this Court in the case of Commissioner of Income Tax -vs- Tata Elxi Limited (2012) 349 ITR 98. In the light of the aforesaid judgment, this appealstands dismissed. 3.|However, it is Submitted by learned counselfor the appellants that against the judgment of this Court, an appeal is filed to the Apex Court and ispending consideration. 4In the event of the Apex Court reversing thejudgment of this Court, the Assessing Authority shallpass consequential orders in terms of Section 260(1A) ofthe Income Tax Act, 1961, in conformity with theoutcome of the appeal before the Supreme Court. TL| sd/- JUDGE| Sd/-. JUDGE|