Ita/61/2012 Of The Commissioner Of Income Tax v. M/S Brigade Enterprises Ltd

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 5TH DAY OF OCTOBER 2012 PRESENT THE HON'BLE MR. JUSTICE K.SREEDHAR RAO AND THE HON'BLE MR. JUSTICE B.MANOHAR ITA No.61/2012 BETWEEN : 1 THE COMMISSIONER OF INCOME TAX C R BUILDING, QUEENS ROAD BANGALORE. 2 THE DY COMMISSIONER OF INCOME-TAX WARD-11 (2), C.R.BUILDING, QUEENS ROAD, BANGALORE. APPELLANTS ( By Sri. K V ARAVIND, ADV.) AND : M/S BRIGADE ENTERPRISES LTD PENT HOUSE, BRIGADE TOWERS, NO.135, BRIGADE ROAD, BANGALORE-560025. RESPONDENT ITA is filed Under Sec.260-A of I.T. Act, 1961, arising out of Order dated 11/10/2011 passed in ITA No.1355/Bang/2010 by the ITAT, Bangalore. This ITA coming on for admission this day, K.SREEDHAR RAO, J, delivered the following: JUDGMENT The following substantial question of law raised in the memorandum of appeal is taken up for consideration: Whether the Appellate Authorities were correct in holding that the assessee would be entitled to claim deduction u/s.80IB(10) of the Act in respect of its Millennium project despite the assessee not satisfying the conditions stipulated in Clauses (a) to (d) of Section 80IB(10) of the Act? This Court in ITA No.763/2009 c/w ITA No.25/2009 (DD 29.2.2012) has answered the said question of law against the revenue. Accordingly, the appeal is dismissed. Sd/-JUDGE Sd/-JUDGE bkm.