Ita/44/2021 Of Wipro Limited v. Additional Commissioner Of Income Tax

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST 2021 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR I.T.A.NO.44 OF 2021 BETWEEN: WIPRO LIMITED 76P AND 80P, DODDAKANNELLI, SARJAPUR ROAD, BENGALURU - 560035, REPRESENTED HEREIN BY ITS VICE PRESIDENT CORPORATE TAX MR BALASUBRAMANIAN K, PAN AAACWO387R. ... APPELLANT (BY SRI CHYTHANYA K.K, ADVOCATE) AND: 1. ADDITIONAL COMMISSIONER OF INCOME TAX RANGE 12, BENGALURU RASHTROTHANA BHAVAN (OPP RBI) NRUPATHUNGA ROAD, BENGALURU - 560001. 2. PRINCIPAL COMMISSIONER OF INCOME TAX, BENGALURU, BMTC BUILDING, 6TH BLOCK, KORAMANGALA, BENGALURU - 560095. ... RESPONDENTS (BY SRI E I SANMATHI, ADVOCATE) ----- THIS I.T.A. IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 05/10/2020 PASSED IN IT(TP)A NO.99/BANG/2014, FOR THE ASSESSMENT YEAR 2009-2010 PRAYING TO: A) FORMULATE THE SUBSTANTIAL QUESTION OF LAW STATED ABOVE. B) ALLOW THE APPEAL AND SET-ASIDE, TO THE EXTENT QUESTIONED HEREIN THE IMPUGNED ORDER DATED: 05/10/2020 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, 'C' BENCH, BENGALURU IN IT(TP)A NO. NO.99/BANG/2014 (ANNEXURE-C), ASSESSMENT YEAR 2009-2010 AND ETC., THIS I.T.A.COMING ON FOR ADMISSION, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: JUDGMENT Mr. K.K.Chythanya, learned counsel for the assessee. Mr. E.I.Sanmathi learned counsel for the revenue. This appeal under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as the Act for short) has been filed by the assessee against the order dated 5.10.2020 passed by the Income Tax Appellate Tribunal. The subject matter of the appeal pertains to the Assessment year 2009-2010. The appeal is admitted to consider the following substantial questions of law: "1. Whether on the facts and circumstances of the case and on the grounds raised, (i) the Tribunal was justified in upholding the exclusion of other income while computing the deduction allowable under Section 80-IB of the Act despite this Hon'ble Court holding that other income is to be reckoned while compugint the deduction allowable under the said Section 80-IB of the Act? and (ii) the Tribunal was justified in upholding the exclusion of other income while computing the deduction allowable under Section 80-IC of the Act despite this Hon'ble Court holding that other income is to be taken into consideration while computing the deduction allowable under the said Section 80-IC of the Act" ? 2. When the matter was taken up today, the learned counsel for the assessee submitted that the aforesaid substantial questions of law involved in this appeal haave already been answered in favour of the assessee by this Court vide judgment dated 9.12.2020 passed in ITA No.191/2017. 3. The aforesaid submission could not be disputed by the learned counsel for the revenue. 4. For the reasons assigned in the afore-mentioned judgment dated 9.12.2020 passed in ITA No.191/2017, the order dated 5.10.2020 passed by the Income Tax Appellate Tribunal for the assessment year 2009-2010 is hereby quashed. In the result, appeal is allowed. Sd/- JUDGE Sd/-JUDGE