Ita/430/2014 Of Commissioner Of Income Tax-Iii v. M/S Trilogy E-Business

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THERE DAY OF MARCH 2015| PRESENT THE HON'BLE MR. JUSTICE VINEET SARAN AND| THE HON’BLE MRS. JUSTICE S.SUJATHA ITA NO.430 OF 2014 BETWEHR 1.COMMISSIONER OF INCOME TAX-IIL. REVENUE BUILDINGS| QUEENS ROAD, BANGALORE-560 001.| 2.THR DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 12(4), BANGALORE.~. APPELLANTS (BY SRI. E TSANMATHI, ADV.,) AND M/S TRILOGY E-BUSINESS|SOFTWARE INDIA PRIVATE LTD. NO.1/2, LALITHA NILAYA! CROSS, RMV IIND STAGEBHOOPASANDRA|BANGALORE-560 094. ~~RESPONDENT. (BY SRI S SHARATH, ADV. FOR SRI K.K.CHYTHANYA, ADV.,) THIS ITA IS FILED UNDER SKC.260-A OF INCOME TAX.ACT 1961, ARISING OUT OF ORDER DATED: 09/05/2014 PASSED|IN M.P.NO.75/BANG/2013, FOR THE ASSESSMENT YEAR 2007-2008 PRAYING TO JI) DECIDE THE FOREGOING QUESTION OF LAWAS MAY BR FORMULATBD BY THR HON’BLE COURT AS)DEEMED FIT Il) SET ASIDE THE APPELLATE ORDER DATED|09.05.2014 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL,“A? BENCH, BANGALORE IN APPEAL PROCEEDINGS IN|MISCELLANEOUS|PETITIONNO.75/BANG/2013(INITA1054/B/2011) FOR ASSESSMENT YEAR 2007-08 AS SOUGHT FOR IN|THIS APPEAL AND TO GRANT SUCH OTHER RELIEF AS|DBEMEI]D RIT THIS}ITA!COMINGONKOR,ADMISSIONTHIS DAY,VINFET SARANJDELIVERED THE FOLLOWING -: JUDGMENT Heard Sri. E.L.Sanmathi, learned counsel for the appellants|and Srt.S.Sharath, learned counsel, appearing on behalf of | Sti K.K.Chythanya, for the respondent. oDThe Revenue has preferred this appeal challengingthe order passed by the Tribunal dismissing the appeal filed by theRevenue. 4The Tribunal has followed the decision of this Coutt| in the case of.Commissioner of Income-Tax -vs- Tata Elxsi Ltd.,reported in349 ITR 98 (Kar)and has extended the benefit|to the assessee., 4.In that view of the matter, we do not see any merit in this appeal. No _ substantial question of law arises foconsideration. Accordingly, the appeal isdismissed. 5However, it is submitted that the aforesaid judgementof this Court is under challenge before the Apex Court. In theevent of Revenue succeeding in the said appeal before the ApexCourt, the Assessing Authority shall pass consequential orderunder Section 260(1A) of the Income Tax Act, 1961. TL Sd/-JUDGESd/-JUDGE