Ita/48/2014 Of Commissioner Of Income Tax-Iii v. M/S Torry Harris Business

IN THB HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 28[th]DAY OF APRIL 2014 PRESENT THER HON’BLE MR. JUSTICE DILIP B BHOSALE AND THR HON’BLE MR. JUSTICBK B MANOHAR I.T.A.NO.48/2014 BBRITWRE 1.COMMISSIONER OF INCOME TAX-IILC.R.BUILDING,C.R.BUILDING, QUEENS ROADBANGALORE.|BANGALORE.| 2.THR DEPUTY COMMISSIONBROF INCOME TAX, CIRCLE 12(4)OF INCOME TAX, CIRCLE 12(4) BANGALORE. _. APPBLLANTS| (BY SRI E I SANMATHI, ADV.,) AND: M/S.TORRY HARRIS BUSINESS SOLUTIONS PVT. LTD., |71, SONA TOWERS,MILLERS TANK ROAD,BANGALORE-560 052. — RBSPONDEBENT (BY SRI.S.PARTHASARATHY, ADV.) THIS ITA FILED UNDER SEC.260-A OF INCOMETAX|ACT|1961,ARISING|OUTORORDERDATED:30/08/2013PASSEDIN|ITANO.166/BANG/2013, FOR THE ASSESSMENT YEARA2OO08-09 PRAYING TO DBCIDBR THR FORBGOIQUESTIONOF|LAWAND/OR|SUCH.OTHERQUESTIONS OF LAW AS MAY BE FORMULATED BY)THR HON’BLE COURT AS DBEMED FIT AND SET!ASIDE THR APPBKRLLATK ORDER DATED 30.08.201PASSED BY THE INCOME TAX APPELLATE TRIBUNAL,|‘A’ BENCH, BANGALORE IN APPEAL PROCEEDINGS IN-ITA NO.166/BANG/2013 FOR THE ASSESSMENTYEAR 20O08-OY. THIS ITA COMING ON FOR ADMISSION, THISDAY,DilipBb.Bhosale.J.,DELIVEREDTHEROLLOWING: PC: We have heard learned counsel for the parties. Byconsent, the appeal is heard for final disposal at thestage of admission. 2 |LearnedcounselappearingfOrthe|respondent, at the outset, invited our attention to thejudgment of this Court inTata Elxsi Ltd., [349 ITR 98 (Kar)}and submitted that the substantial questions oflaw raised in this appeal are squarely covered by this judgment and they deserve to be answered in favour ofthe assessee and against the revenue in terms thereof. 3. Having confronted with this, Mr.E.I.Sanmathi,learned counsel appearing for the appellants-revenuesubmitted that the revenue has filed Special LeavePetition1n the.SupremeCourtagainstthe.aforementioned judgment of this Court and the appealis pending. He, however, fairly states that this appealmay be disposed of in terms of that judgment withdirection to the Assessing Officer to pass consequentialorder only aiter SLP/Appeal is disposed of by theSupreme Court. In other words, he submitted that theAssessing Officer may be directed to pass consequentialorder in the light of the order of the Supreme Court that.will be passed in the abovementioned SLP/Appeal. 4. Learned counsel for the respondent, has noobjection for making such observations and for disposalof this appeal. o. In the circumstances, we dispose of this appealin terms of the judgment of this Court in)Tata EILXxsLtd.,answering all the substantial questions of law infavour of the assessee and against the revenue, withdirection to the Assessing Officer to pass consequentialorder under Section 260-1A of the Income Tax Act,1961, only in the light of the judgment of the SupremeCourt in the aforementioned SLP/Appeal that will bepassed in due course. No costs. sd/- JUDGE. sd/- JUDGE. Srl.